H1B Transferred - Family in India

[raghbath82]

I have come to US in 2011 with my family (Myself, Spouse and Child). My H1B is valid till 2014 and h4 for my dependents is also valid for the same period. My Wife and Child left to India in Feb 2012. There is a new addition to my family in 2012.

Now I have changed my employer and my H1B transfer completed and I am planning to bring my family to US as soon as possible. Here are my questions.

1) My H1 visa is valid till Jan 2014 (from previous employer and the new petition is valid till 2015). Do I need to get a stamping before my family arrives here.

2) My wife and First Child has H4 visa valid till Jan 2014. Can they come to USA with the old visa. If so what all the documents they need to carry during the travel. Do they need to apply for new H4 after coming here or does they get new I-94 as per my new petition expiry date. Do my new employer need to apply anything at USCIS

3) For my new born child H4 visa, what are the documents required. Does he need to go to consulate for H4 Visa.

4) Can we stay in US with old petition visa (Myself, Spouse and First CHild) and my second child on a new visa from my new employer.

Thanks for your help.

[pontevecchio]

1. No. 2. Yes. They will need your H1 petition approval. H4 is only a status based on your valid I94/Status 3. Same as the previous H4. You need to find out about the visa interview waiver from the consulate website. 4. H4 visa is not employer based but based on your valid H1 status. Sorry about the formatting. The people designing this site have not heard of windows 8.

[t75]

Baby needs visa. They can use valid stamping with current documents for entry. Your current stamping is adequate. I-94 will depend on many factors; normally they will receive I-94 with presented petition expiration date. However, passport validity may affect it.

[rajen.b]

she just needs copy of new I-797 and new visa is not required. Your visa is valid till 2014 and no new visa is needed with change in the employer and this applies to all your dependents including yourself if you have visa in the passport. I hope this is all clear and do not panic about the new visa.

[raghbath82]

Thank you all for your suggestions and recommendations.