H4 stamping with Old or New I797?

[gharik25]

Hi All,

My wife needs to get her H4 Visa stamping. I have two i797 petitions from - old employer (A) & New employer(B).

Right now i am working for B. I want to go back to old employer (A) after 2 months to file my i485.

If she gets H4 stamping based on New Empl (B) petition (i797) will this deactivate the old i797 of A?

As i have pay stubs from Current empl (B) i want her to go for H4 stamping based on B's petition.

Please suggest.

thanks

Hari

[gharik25]

Guys, Can any one please answer this. This is very urgent for me.

[pontevecchio]

The H4 visa is not employer dependent.

[gharik25]

Thanks pontevecchio .

Why i am asking is because when she lands in USA i will be going back to my old employer (A). Will this effect my H1B I797 petition of my old employer(A) after her H4 Visa Stamping is based on new Employer(B).

Please suggest.

[pratapsingh]

1. Applied for H1B transfer to Company A on July 2011 with the client A. -- CASE 1 (RFE was answered showing the below amendment case and visa was approved in Jan 2012 and got I797/I94 forms today).

2. Since changed client before the visa approval, applied for visa amendment. -- CASE 2 (RFE still Pending. RFE is 'please response to CAse 1's RFE.'. CAse 1 is approved there after).

3. Company is planning to answer the Case 2 RFE now since they dont want it to be neglected.

4. Now if i want my wife to go for H4 in india can i ask her to go with the CAse 1's I797 document. Or should i still wait for the amendment case Case2's I797/I94 provided if it is approved after 2 weeks from now.

When i asked the approval I797/I94 my employer tells me to wait for 15 more days so that my wife can go for stamping with the new I797 document. I am not sure what is the output of case 2 gonna be. Please advice which I797 is best to be carried by my wife's H4 visa.

[pontevecchio]

@gharik

It does not matter. But make sure you are going back and make sure to work for A after getting the GC at least for an year. They are auditing GC's post AOS as a study to monitor fraud. Be careful.

@pratapsingh

Please wait for approval first.