Scenario:
Entered US in Aug 2007 with H1B from Company A(non-cap). Company B sponsored I140/I485. I140 is approved. Got EAD in Dec '07 and joined Company B using EAD. Went back to home country in May 2008 to get married. Was not able to bring spouse to US since then due to lost H1B status. Will be transferring to Company C by Oct '09. Company C filed a new H1B petition w/c got approved in Aug 25.
1. Is it true that I need to re-enter US using H1B, in order for me to bring my spouse as H4? Original H1B visa stamp will expire on Jun 2010. Have new I94 attached with H1B I797.
2. What are the chances of denial of re-entry thru H1B: a) with old stamp has company A's name on it b) used EAD for 2 yrs before trying to get back to H1 status c) entered US 2x thru AP, last time was Apr 2009.