H1B transferred but old employer's stamp valid and new H4 for wife


jobanmarwah

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hi all,

I have a couple of very basic questions regarding this process.

I came to USA on F1, then got H1B. I am currently working for my third company here. I went to India earlier this year and got my H1B stamped without issues. The stamp is valid till 2013 but has my 2nd employer's name on it ( i currently work for a different company). My current I797 is valid till 2014 for my current employer which is a reputed software product company.

My question is

1) Do i need to go to the consulate again to get my visa stamped?

2) I am getting married in Feb next year and my wife will go to get her H4 using my H1 application. Will my situation affect her in any way? This is assuming that we get our certificate and all papers are in order.

Please let me know

Thanks

Joban

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As far as I know here are my answers:

1) Do i need to go to the consulate again to get my visa stamped?

Ans: No, you dont have to get your Visa stamped again unless it is a change in the class of the visa (for ex moving from F to H or L to H). All you need to do is to present the new H1 at the port of entry.

2) I am getting married in Feb next year and my wife will go to get her H4 using my H1 application. Will my situation affect her in any way? This is assuming that we get our certificate and all papers are in order.

Ans: No affect as long as you provide proper documentation.

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  • 2 weeks later...

Hello,

Thanks for your answer. I am in a similar situation - I have H-1B stamp from my previous employer till Sep 2012 and have new I797 showing Mar 2014 as expiry date. My question is - What would be the validity date on my wife's H-4 visa? same as the stamp on my passport i.e. Sep 2012 or as per current I797 i.e. Mar 2014?

Thanks in advance

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