H4 visa and stamping after H1 visa transfer


deepak_gc

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Hi All

 

I am on H1 visa with employer A and now switching to employer B. Employer B has filed my H1 visa extension in premium processing.

 

I have valid i797 for h1 and h4 for my wife with I94 vaild till 2016 (from employer A) but our passport are not stamped with visa as we didnt go out of country in last 2years

 

Now employer B is filing h4 visa based on my new H1 visa receipt

but i am not sure how long will it take since its not Premimum processing. Can we file premium processing for H4 visa when its visa transfer? I have not seen or heard this process before.

 

How long does it take for h4 visa to get approved I797?

 

Also we are planning to visit India  after 3 months and we are planning for visa stamping there.

Shall we wait for h4 visa to arrive before we go there? Can my wife visit india with old copy of I797 from previous employer?

 

Please provide your guidance.

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There is no need for your spouse to file for H4 extension when her current I94 is valid till 2016. When you change employer it does not affect H4 status as H4 is dependent on your status and not which employer.

When you travel back from India all your spouse needs is a valid H4 visa (even with old employer) and a copy of your new I797.

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Thanks Jairichi,

 

Good to know that there is no issue with Travel. But while visa stamping , do we need to show her new H4 petition paper from new employer? Because we have valid I797 from old employer but passport is not stamped with new visa dates.

So we need to do visa stamping before entering the country 

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Thanks Jairichi,

 

Good to know that there is no issue with Travel. But while visa stamping , do we need to show her new H4 petition paper from new employer? Because we have valid I797 from old employer but passport is not stamped with new visa dates.

So we need to do visa stamping before entering the country 

At visa interview your spouse needs a copy of your new or extended I797.

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