Can spouse apply for H4 visa renewal when principal's H1B transfer is pending approval?

littlesuppandi

New Member
Hello experts !
I am currently in US with on H1B visa. I recently changed employer from company A to B.
The transfer process is still pending approval for more than 4 months because the employer did not apply for Premium processing.

But I still have a valid I-797 approval notice from Company A (previous employer), valid until Aug 2013.
My wife who is currently in India also has a valid H4 approval notice filed by company A, valid until Aug 2013. But her H4 visa stamp has expired.
Now she wants to travel to the US, but her visa stamp has expired.

My question:
1) Can my wife apply for a H4 visa using her H4 approval from company A as well as the principal's I-797 from company A (previous employer) ? I can also provide the Receipt Notice from Company B.

If the answer to the above question is 'No' then

2) Can my wife apply for a travel/tourist (B1/B2) visa to visit me in the US? If yes, will she have issues at the Consulate, because she was previously on H4 and now she is applying for a B1/B2?

Thanks for all your expert inputs !!
 
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