Can my wife go for H4 Stamping even before my joining new company after my H1B COE

[YK107]

I work for company A and got a new offer from Company B and H1b COE is approved. But due to COVID19 situation my joining with company B was delayed a little, which is now on June 29th. Meanwhile, my H1B with company A was getting expired on May 31 so they filed an extension that got RFE and RFE response is pending, which may take 1-2 weeks more then USCIS processing time.

My wife and kid are currently in India and in order to come back to US they'll have to go for stamping (dropbox), so my question is - Can my wife and Kid go for H4 visa Stamping on Company B approved I797 petition? (in DS160 i will enter travel date after my joining date June 29th) OR I should wait for joining company B till June 29th? And if they go for stamping then will my RFE with company A visa affect their stamping? 

 

 

[gopalakrishnach]

I advice wait till you join Company B so that you can get letter and send to your family so that they can show during interview if needed.

[User099]

I personally think it might be better to wait till June 29th before submitting the DS160. 

[MurthyIndia_Lawyer]

Hello!

The foreign affairs manual indicate that if the H1B status of primary spouse is established, the H4 should be issued. However, it is advisable to wait until you join the new employer, considering that the start date is June 29, 2020. The consular posts in India have not resumed operations yet and in all probability, the interview date will fall after June 29, 2020. 
 

[YK107]

Thanks for replying here MurthyIndia_Lawyer, gopalakrishnach and User099, this makes sense, and thanks for the guidance.

Edited June 2, 2020 by YK107