H4 Visa Stamping in absence of new employer H1B visa stamp- Urgent

[thornberry]

Hello All,

Need some advice here:

I and my wife are currently in US on H1B and H4 respectively, The Visa issued in the passport is in the name of my previous employer.

I left my previous employer 6 months back, my petition [I-797]with new employer is valid till 12/2015 and my wifes I539 has also been extened till 12/2015.

Now, the visa in our passports issued in the old employer name expires in 12/2013 and my wife is planning India travel in December 2013 with a return in March 2014, which will require her to go for a visa stamping,

Question for clarity is: will she have any issue when she applied for visa ? since, myself(primary petitionar) does not have a visa issed by the new employer.

Any advice in this regard is greatly appreciated.

[thornberry]

Hello All,

Need some advice here:

I and my wife are currently in US on H1B and H4 respectively, The Visa issued in the passport is in the name of my previous employer.

I left my previous employer 6 months back, my petition [I-797]with new employer is valid till 12/2015 and my wifes I539 has also been extened till 12/2015.

Now, the visa in our passports issued in the old employer name expires in 12/2013 and my wife is planning India travel in December 2013 with a return in March 2014, which will require her to go for a visa stamping,

Question for clarity is: will she have any issue when she applied for visa ? since, myself(primary petitionar) does not have a visa issed by the new employer.

Any advice in this regard is greatly appreciated.

Hello All,

Can anyone please help and suggest on my above question, I need some advice ASAP.

[raghvi]

She should not have any issues as long as your employer is genuine and you have been maintaining valid H1 status. Only in extreme rare cases where the visa officers could not determine or were suspecting of employee employer relation based on the I 797, or any previous complaints against the employer have the H4 been put to admin processing.

This is my opinion not legal advice.

[thornberry]

She should not have any issues as long as your employer is genuine and you have been maintaining valid H1 status. Only in extreme rare cases where the visa officers could not determine or were suspecting of employee employer relation based on the I 797, or any previous complaints against the employer have the H4 been put to admin processing.

This is my opinion not legal advice.

Thanks Raghvi, really appreciate your time and advice. I am in EC model and fulltime with my employer, My employer is one of the top 5 IT staffing companies and I don't anticipate any issues in the name of the employer. My new/extended petition, LCA and my wife's extension status application are all approved, and I have been with my new employer from May 2013.

Following is the list that I have compiled and planning to send these documents with her, Is there anything else that I will be required to send along with my wife for her interview

Documents list:
1) My New I797 copy
2) LCA copy
3) My complete passport copy
4) All pay stubs under the new employer
5) Last 6 months bank statements
6) 2012 tax return copy, wherein her name is listed as spouse.
7) Letter from my employer for H4 visa
8) My new employer offer letter

Am I missing any document, can you please check and confirm.

Once again thanks for your time and advice.

Regards,

TB

[raghvi]

Thanks Raghvi, really appreciate your time and advice. I am in EC model and fulltime with my employer, My employer is one of the top 5 IT staffing companies and I don't anticipate any issues in the name of the employer. My new/extended petition, LCA and my wife's extension status application are all approved, and I have been with my new employer from May 2013.

Following is the list that I have compiled and planning to send these documents with her, Is there anything else that I will be required to send along with my wife for her interview

Documents list:
1) My New I797 copy
2) LCA copy
3) My complete passport copy
4) All pay stubs under the new employer
5) Last 6 months bank statements
6) 2012 tax return copy, wherein her name is listed as spouse.
7) Letter from my employer for H4 visa
8) My new employer offer letter

Am I missing any document, can you please check and confirm.

Once again thanks for your time and advice.

Regards,

TB

I think wedding card, marriage certificate, for a more exhaustive list refer : https://www.immihelp.com/h4-visa-stamping-documents/

This is my opinion not legal advice.

[thornberry]

I think wedding card, marriage certificate, for a more exhaustive list refer : https://www.immihelp.com/h4-visa-stamping-documents/

This is my opinion not legal advice.

thanks a ton raghvi, really appreciate your time and advice.

[Singh01]

What was the final result? Hope she got Visa stamped without any problem.

thanks a ton raghvi, really appreciate your time and advice.

What was the final result? Hope she got Visa stamped without any problem. Please let us know.