I have an approved I140 in 2006 w/ company A thru CP. In Aug '07 I entered US with an H1B visa from company B (non-cap). While working for company B, PD became current and company A switch from CP to AOS. When I got my EAD, I officialy joined company A. In May 2008, I went home and got married, and went back to US using AP. My spouse was not able to join me as an H4 since then, because I lost my H1 status. This Oct '09 I will be joining company C who filed a new H1B petition for me w/c just got approved today.
1. Will my husband be able to obtain H4 visa with just I797 approval notice? Or do i need to get it re-stamp? My original H1B visa will be expiring Jun 2010.
2. Entered US 2x on AP, last time was Apr '09. Would it hurt his chances of getting h4? I was never OOS.