Chennai - H4 visa query

[narasid]

Hi,
I have the following query.

I work for company B and I have a valid 797 petition of company B. But my stamping in the passport reflects my previous employer and that visa is valid till April 2004. I even travelled to India and entered US with my old visa stamping in Feb 2003.

My question now is ,
I am getting married in the month of Nov 2003. Inorder to apply for H4 visa for my spouse.
* Do i need my current companies(company B) stamping in my passport ?
* I will be submitting my current employers(company B) 797 approval and letter for her stamping.

Since I have a valid visa stamp, I am wondering if I can avoid my stamping and save some time.

Has anyone gone through this situation? If so your help is appreciated.

Incase if I have to get my visa stamped can make appoinment for me and my wife on the same day?

TIA

 

[joe_parth]

reply

Hi Friend,
As long as your previous visa is valid, you do not need to get new stamping for your new employer. You can re-enter with your current employer's approval. This is true. If this is true, you do not need to get current employer's stamping to apply for spouse's H4. All you need is a valid H1B stamping whether it is previous employer's or current employer's, but you need to have proper documents for your current employer; I mean H1 approval, Latest paystubs, W2 etc. You should show the documentary evidence that you have not been in USA on out of status. Ofcourse, since you have not gotten your stamping recently, your papers will be sent for security check even for getting your spouse's H4. It may take a while. Sometime, it may take more than a month. Please be prepared for that. Better, please check US Consulate website and prepare the documents as they have suggested.

This is my personal opinion.

Thanks
Joe