H4 Visa Stamping

[sudhirblgupta]

Hello Team,
I am currently in USA and I have below situation:
1- I was working with employer A on H1B and I switched my employer to employer B.
2- I don’t have H1B visa stamped on my passport for employer B but I have valid and approved petition for employer B.
3- Now I have question regarding H4 Visa stamping. Currently my wife and kid both are in India and I booked H4 visa interview for them. Please let me know do I need to have H1 VISA stamp on my passport for employer B to get the h4 Visa stamping for dependent???


Please reply me asap... This is very urgent.

[raghvi]

Hello Team,
I am currently in USA and I have below situation:
1- I was working with employer A on H1B and I switched my employer to employer B.
2- I don’t have H1B visa stamped on my passport for employer B but I have valid and approved petition for employer B.
3- Now I have question regarding H4 Visa stamping. Currently my wife and kid both are in India and I booked H4 visa interview for them. Please let me know do I need to have H1 VISA stamp on my passport for employer B to get the h4 Visa stamping for dependent???


Please reply me asap... This is very urgent.

No you need not. Your approved petition, along with latest paystubs with employer B, and other supporting documents should be enough basis to get H4. In certain circumstances where the employer employee relation is not clearly established the VO might raise objections.

This is my opinion not legal advice.

[sudhirblgupta]

No you need not. Your approved petition, along with latest paystubs with employer B, and other supporting documents should be enough basis to get H4. In certain circumstances where the employer employee relation is not clearly established the VO might raise objections.

This is my opinion not legal advice.

Thanks Raghvi for your quick reply.. but I am not clear with the second sentence, what is the meaning of employer employee relationship here..??

[raghvi]

Thanks Raghvi for your quick reply.. but I am not clear with the second sentence, what is the meaning of employer employee relationship here..??

Basically its an indirect reference to how many layers do you have between you/petitioner(employer)/client , if any. If you are directly working for the employer and they are paying (EC model - Employee - Client/Employer) or you are working for an end client but client is paying your employer who is in turn paying you (EVC model) or client is paying a vendor and who is paying your employer (EVVC model) and so on. The more the layers the more difficult it is to establish who is actually controlling your work and pay.

This is my opinion not legal advice.

[sudhirblgupta]

Basically its an indirect reference to how many layers do you have between you/petitioner(employer)/client , if any. If you are directly working for the employer and they are paying (EC model - Employee - Client/Employer) or you are working for an end client but client is paying your employer who is in turn paying you (EVC model) or client is paying a vendor and who is paying your employer (EVVC model) and so on. The more the layers the more difficult it is to establish who is actually controlling your work and pay.

This is my opinion not legal advice.

Thank you for clarification.