H4 Visa Stamping with valid H4 I 797 from old employer.

[bobby12]

Hello My wife is planning to travel to India for Stamping. Our previous H1B VISA Stamp has expired. She is planning to go for H4 Visa interview. I recently have changed job to a New company and I have approved H1B visa petition from new company. She has a valid H4 I 797 but it’s from Old employer.

Can she appear for visa stamping without H4 Extension from New employer? What are documents needed to get H4 visa stamping? I will be in US and won’t be travelling with my family. Is there any risk associated with the travel?

Please advise.

[pontevecchio]

You do know visa is a stamp and H1 petition is a petition. Having said that she does not need any so called H4 petition to get a H4 visa. She needs to apply and produce your H1 petition approval with ANY employer for whom you are working now.