H4 Visa Stamping in absence of new employer H1B visa stamp- Urgent


thornberry

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Hello All,

Need some advice here:

I and my wife are currently in US on H1B and H4 respectively, The Visa issued in the passport is in the name of my previous employer.

I left my previous employer 6 months back, my petition [i-797]with new employer is valid till 12/2015 and my wife's I539/I797A has also been extended till 12/2015.

Now, the visa in our passports issued in the old employer name expires in 12/2013 and my wife is planning India travel in December 2013 with a return in March 2014, which will require her to go for a visa stamping, 

Question is: will she have any issue when she applies for visa ? since, myself(primary petitioner)  do not have a visa stamp in the name of new employer, and do not plan to go any time in near future.

And Will my wife be eligible for Drop Box as it is reissue of the same class visa , but a different petitioner ?

I have read some forums for required h4 documents, and found "Photocopy of the principal applicant valid visa" is required  when applying separately, is this mandatory ? or is it just a good to have, 

Any advice in this regard is greatly appreciated.

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Hello All,

Need some advice here:

I and my wife are currently in US on H1B and H4 respectively, The Visa issued in the passport is in the name of my previous employer.

I left my previous employer 6 months back, my petition [i-797]with new employer is valid till 12/2015 and my wife's I539/I797A has also been extended till 12/2015.

Now, the visa in our passports issued in the old employer name expires in 12/2013 and my wife is planning India travel in December 2013 with a return in March 2014, which will require her to go for a visa stamping, 

Question is: will she have any issue when she applies for visa ? since, myself(primary petitioner)  do not have a visa stamp in the name of new employer, and do not plan to go any time in near future.

And Will my wife be eligible for Drop Box as it is reissue of the same class visa , but a different petitioner ?

I have read some forums for required h4 documents, and found "Photocopy of the principal applicant valid visa" is required  when applying separately, is this mandatory ? or is it just a good to have, 

Any advice in this regard is greatly appreciated.

No issues for visa stamping.

She is not drop box eligible as you changed employer.

Photocopy is mandatory.

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Hi Jairichi,

 

Thanks for your response, I really appreciate you taking time and replying.  

You have answered 'Mandatory' for the photocopy related question, but your answer is confusing me. My husband is not travelling with me and he has visa stamp in his old employer name which will expire in 12/2013, which is same in my case. Hence, going for stamping however since my husband is not accompanying me, I am to go alone for the H4 visa to be issued in the new/current employer name. so at the point when I am seeking the H4 visa there is no longer a valid visa in my husbands passport however his H1 petition is approved and I-94 extended till 12/15.

Will these documents be good enough and,

Will I have an issue when I go for the H4 stamp, with out a valid visa in my husbands passport.

 

thanks,

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Hi Jairichi,

 

Thanks for your response, I really appreciate you taking time and replying.  

You have answered 'Mandatory' for the photocopy related question, but your answer is confusing me. My husband is not travelling with me and he has visa stamp in his old employer name which will expire in 12/2013, which is same in my case. Hence, going for stamping however since my husband is not accompanying me, I am to go alone for the H4 visa to be issued in the new/current employer name. so at the point when I am seeking the H4 visa there is no longer a valid visa in my husbands passport however his H1 petition is approved and I-94 extended till 12/15.

Will these documents be good enough and,

Will I have an issue when I go for the H4 stamp, with out a valid visa in my husbands passport.

 

thanks,

Your H4 visa is based on your husband being on valid H1B status. To prove that, you need a copy of his latest I797 with I94 attached to it. Also, to be on safer side carry a copy of his H1B extension petition and latest pay stubs. Normally if you go alone for H4 visa stamping VO expects only a copy of your husband's H1B I797 approval notice. 

 

A valid visa for your husband to get your H4 visa is immaterial as he is maintaining his lawful status in US

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  • 3 years later...

Hi All,

I have a similar case here. I have valid visa from previous employer A till Jun-2018. And I got H1-B extension till Oct 2020 from my new employer B. Am applying H4 visa for my spouse now. While she appears for interview, I will provide my new H1-B petition packets, new I797 photocopy and I94 photocopy. During interview, will she be questioned for not having new visa stamped on my passport?

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