H4 visa stamping


pkd123

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Hi,

I'm on a H1b with an employer A  and my current I-797 is valid till 2019 Nov. In July 2017, I was hired by an employer B, and they filed for a H1b transfer in July 2017.

 

My H1b transfer status: USCIS issued an RFE and then the Employer B had responded to them, USCIS is in the process of reviewing the case as of 12/04/2017.

 

My wife obtained an H4 approval notice through employer A, and it is also valid till 2019 Nov. A new H4 petition hasn't been filed yet (through employer B)

 

Questions

1)  My wife is currently in INDIA. Can she go for H4 stamping using her current approved I-797  through employer A (which is valid till Nov 2019)?

If yes, then when I was trying to look for h4 visa dates, there was a field name in one of the page that says "Petitioner name".

Which petitioner should I mention over there i.e. employer A or B?

2) Do I really have to file for another H4 petition now, or after my H1b transfer gets approved, even though her current h4 petition is valid till Nov 2019?

 

Please help!

Thank you!

 

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H4 is merely a status and does not involve a petition approval. There is no entity called H4 approval. It is an extension of status based on the valid H1 status of the spouse. She can only use the petition approval of the employer you are presently working for to get a H4 visa. Her Extension approval has no meaning or connection to getting a H4 visa. That only depends on the validity of your H1 status.

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