Employer Change - H1B Visa stamping for me and family

[Ratan]

I need help on some queries related to immigration (stamping) as I need to bring my family from India.

I came here through my previous employer (A) and recently I have changed to employer B.

Employer A
----------------
I-797 B was valid from Oct-2015 till Aug-2018. I got the visa stamped for me as well as family (wife + daughter) which is valid
till 17-Aug-2018 (visa stamped from Mar-2016 till Aug-2018). However, I only traveled to USA (last year Aug) but my family is still in India.
 
Employer B
---------------
I joined employer B with the new I-797 A which is valid from Feb-2017 till Jan-2020. New I-94 (attached with I-797 A) is valid till Jan-2020.
Now I need to bring my family. I also have a new member (my son) in my family now (no stamping in passport).

Questions:
i) Once I go back to India (plan to travel next month) to bring my family do I need to do a fresh stamping for me and my family?

ii)If I need to do the stamping, do I need to have any H4 dependent petition document(separate I 797 for H4) for my family?

iii)If I am not going to India and my family travels, can they travel(wife and daughter)with old stamped visa and have only
the visa stamped for my son (stamped with the new employer).

iv) If the stamping is not required for me/wife and daughter. The stamping needs to be done for my son. In that case what should be the process
    for stamping for only my son?
    
v) Even if it is not required for re-stamping, can I still opt for Visa re-stamping as the Visa validity will be extended till 2020 for my entire 
   family.    
    
Many thanks for all your help.
 

Regards,

Ratan

[shekar11#]

On 3/15/2017 at 10:31 PM, Ratan said:

I need help on some queries related to immigration (stamping) as I need to bring my family from India.

I came here through my previous employer (A) and recently I have changed to employer B.

Employer A
----------------
I-797 B was valid from Oct-2015 till Aug-2018. I got the visa stamped for me as well as family (wife + daughter) which is valid
till 17-Aug-2018 (visa stamped from Mar-2016 till Aug-2018). However, I only traveled to USA (last year Aug) but my family is still in India.
 
Employer B
---------------
I joined employer B with the new I-797 A which is valid from Feb-2017 till Jan-2020. New I-94 (attached with I-797 A) is valid till Jan-2020.
Now I need to bring my family. I also have a new member (my son) in my family now (no stamping in passport).

Questions:
i) Once I go back to India (plan to travel next month) to bring my family do I need to do a fresh stamping for me and my family?

ii)If I need to do the stamping, do I need to have any H4 dependent petition document(separate I 797 for H4) for my family?

iii)If I am not going to India and my family travels, can they travel(wife and daughter)with old stamped visa and have only
the visa stamped for my son (stamped with the new employer).

iv) If the stamping is not required for me/wife and daughter. The stamping needs to be done for my son. In that case what should be the process
    for stamping for only my son?
    
v) Even if it is not required for re-stamping, can I still opt for Visa re-stamping as the Visa validity will be extended till 2020 for my entire 
   family.    
    
Many thanks for all your help.
 

Regards,

Ratan

i) No. You can use existing stamping.

ii) No need. They can use your I-797.

iii) Yes.

iv) You can find online.

v) Yes you can.

[351213]

Hi Ratan,

I am in a similar scenario. My attorney says I can travel back on the old visa with the new I-797.

Also, per ustraveldocs faq's, one can come back with the old visa and show new I-797.

http://www.ustraveldocs.com/in/in-gen-faq.asp#qlistwork13

However, I am not sure if one can still go for visa stamping if the old visa is valid for more than 6 months.

Any expert opinion is appreciated.

Thanks, Sudheer

[shekar11#]

On 3/24/2017 at 10:37 PM, 351213 said:

Hi Ratan,

I am in a similar scenario. My attorney says I can travel back on the old visa with the new I-797.

Also, per ustraveldocs faq's, one can come back with the old visa and show new I-797.

http://www.ustraveldocs.com/in/in-gen-faq.asp#qlistwork13

However, I am not sure if one can still go for visa stamping if the old visa is valid for more than 6 months.

Any expert opinion is appreciated.

Thanks, Sudheer

You can go for stamping with an existing valid visa. No issues.