H4 stamping

[sasidharan manika]

H4 stamping

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Hi Jaxen,
I have been following your posts in this forum quite often. I realy appreciate your work for this forum. I need your adive on my personal situation: I was with an employer A and have his visa stamped on my passport that is valid till Feb 9 2006 (my wife also has the same visa on her passport). Now, I have been with an another employer B for the past 4 months and have got my H1B petition transfered from employer A to B since i have been with employer B now.
Now, my wife is leaving for India and she would be back around July or August 2005 to U.S. Would INS allow her entry to U.S with the Visa from employer A and H1B petition from employer B?. or Does she have to get her H4 visa stamped using employer B H1B petition in India before she comes back to U.S.

Thanks,
Sasidharan
Email: sasi100@yahoo.com

 

[rajeshkamisetty]

Same problem here...

Similar Case with me :

I have a similar issue with me and my spouse who is currently in India.

We both have H1 & H4 visa stamps in our passports with first employer A valid till June 1st 2005. Now I am with employer B who renewed my H1 visa (I 797), valid till Apr 2007.

I came 3 days back from India with H1 stamp in visa valid till June 1st 2005 and H1 visa (I-797) of employer B valid till 2007. I was taken aside by port-of-entry official and handed over my papers and passport to another official. Apparently, the second officer approached his manager and issued my I-94 with Apr 2007 expiration date. While issuing I-94, I asked about my wife who will arrive in couple of weeks with a copy of my H1 visa (I-797) of employer B and H4 visa stamp with employer A valid till Jun 2005. He suggested that she should wait until, her H4 extension/change of status is approved by INS and then come over to US.

After joining the office, my HR (in company B) told that instead of waiting for approval of her H4 extension/change of status application, she can go for visa stamping in India with my H1 (I-797) of employer B. And then come over to US.

Now I have these questions.

1. Does she require H4 extension/change of status approval (as suggested at Port of entry)?

2. Does she require H4 visa-stamp renewal ( as suggested by my HR) ?

3. If she goes for H4 visa-stamp renewal for employer B, will there be any issues because I (primary H1 visa holder) haven't done visa-stamp renewal with employer B?

I want her to join me asap..

regards,
Rajesh K