Related to H4 & H1B stamping procedure

[atmani]

Hello jaxen:

The H1B visa stamping in my passport is expired on 01 NOV 2001 ( > 1 year). The same is the status for my wife and son with H4 visa. Our visa is extended through the same 'A' company and we have all H1B and H4 petition I-797 & valid I-94.

Now I changed my job through 'B' company and expecting the new I-797. But my new employer- 'B' has not filed for H4 visa transfer for my dependants (wife and son).

I am here in USA and my wife is went to INDIA now and needs to do stamping for her & my son in passport before coming here.

This is my question:

1. We have extension for H4 visa I-797 from my previous employer-'A'. In this case, is it neccessary to do H4 stamping in India for my dependants before coming to USA. If H4 visa stamping is must, can they do with a copy/fax copy of my I-797 & current employment proof & all other neccessary documents.

2. Or to get my wife's H4 visa stamping in Passport in India, do I need to get stamped first?.

If you could help me with your suggestions/advice, mostly appreciated.

Thank you in advance,
A. MANI

 

[jaxen]

It will be advisable to
1. File H4 for your dependents and wait for the approvals before yr dependents attempt to enter US. With receipt notices they can enter US.

I would not recommend getting the visa stamp based on the company A extension approval now. U should have done that before applying for company B transfer.

This is a legal path U should follow. I hope U understand.