H4 New Born Baby in India, H1 changed job

[siddhartha.eng]

Hi,

My Wife gave birth to our son in India, while I joined a new Employer in USA.

My new Employer transferred only my H1 which is valid till June2012.

My Wife has H4 stumped from my previous employer which is valid till May2012.

My New H1 Is valid till June2012, and my normal H1 Extension is already in process.

Now My wife and Son both will be coming to USA,they wanted to come USA in April 2012,

My Questions are,

1) Do my Wife and Son will need to transfer H4

2) How much time aprox. it takes to transfer H4 in similar cases.

3) Should they go for stumping only after my H1 extension is approved and h4 transfer is complete.

4) What would be the quickest way for me to make sure they can enter USA.

5) If they need H4 transfer can it be initiated before getting approval of my H1.

Can somehow my wife use her existing h4 to enter usa along with my H1 petition from my new employer.

[nda050325]

As long as her visa stamp is valid, your wife can travel to US. Have her carry a copy of your latest 797 A. She will need to file an extension of stay for post-May 2012.

Your son's visa status is not clear from your mail. He will also need an H4 visa to enter USA.

Should they go for stumping only after my H1 extension is approved - I would say yes. This will give them maximum time on the I-94.

[siddhartha.eng]

Hi,

My Son does not have any visa. Issueing his passport took sometime, that's why my employer startted only my extension. I want to varify that wheather, My wife and my son can go for stamping after i get the new 797(after my extension). Or my employer will have to file their extension after getting which they need's to go for stumping.

In some cases i saw the dependents also get Petition(797) which need's to be taken for H4 stamping.

So if my company doesnot file their extension they will not have their petition, is that ok with H4 stamping for first time(son) and extension(spouse).