H4 stamping with valid visa after change of employer?

[vancov]

Hi, I have a contradiction regarding the H4 visa stamping .

My wife is on a H4 visa with a valid stamp until May'2015 where the petitioner was my former employer.
Now we are planning to visit india in Dec'2014 and my current petitioner's attorney adviced not to go for visa stamping instead produce the new I-797 at port of entry when we come back to US.

But one of the call center executive from the ustraveldocs has clearly stated my wife to attend the visa stamping as there is change in the petitioner and the the I94 records wont match.

Please advise?

appreciate your time

Thanks& Regards

[raghvi]

Hi, I have a contradiction regarding the H4 visa stamping .

My wife is on a H4 visa with a valid stamp until May'2015 where the petitioner was my former employer.
Now we are planning to visit india in Dec'2014 and my current petitioner's attorney adviced not to go for visa stamping instead produce the new I-797 at port of entry when we come back to US.

But one of the call center executive from the ustraveldocs has clearly stated my wife to attend the visa stamping as there is change in the petitioner and the the I94 records wont match.

Please advise?

appreciate your time

Thanks& Regards

What about your own H1? Are you planning to attend ? Technically either if you need not attend the visa stamping. But if your employer and client are really genuine I dont see any fear in attending the same. Avoiding visa interview is just like kicking the can down the road, you eventually have to attend it some point of time.

This is my opinion not legal advice.

[vancov]

What about your own H1? Are you planning to attend ? Technically either if you need not attend the visa stamping. But if your employer and client are really genuine I dont see any fear in attending the same. Avoiding visa interview is just like kicking the can down the road, you eventually have to attend it some point of time.

This is my opinion not legal advice.

Hi, Thanks for the reply.
I need to go for stamping as my visa is expired.And since my wife has a valid stamping until may'2015,I doubt about her visa stamping.

[raghvi]

Is your new petition end date beyond her current H4 end date? In that case why not take her along with you.

Though some times unavoidable, I personally feel that its advantageous when family travels together and goes for stamping together.

This is my opinion not legal advice.

[vancov]

I see the below notification in one of the gov website.

http://www.state.gov/documents/organization/87226.pdf

9 FAM 41.53 N8.3-3 Validity of H-1B When There is a Change of Employer
(CT:VISA-2154; 07-30-2014)
a. After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.
b. An H-1B applicant can change employers while in the United States provided the following criteria were met:
(1) The alien was lawfully admitted to the United States; and
(2) The new employer filed the petition for the alien prior to the expiration of his or her authorized stay; and
(3) The alien has not been employed in the United States without authorization subsequent to lawful admission but before filing such petition.
c. After the filing of the new petition the H-1B nonimmigrant is authorized to accept employment until the petition is adjudicated. If the new petition is denied, employment must cease. If the alien's prior visa and petition have expired, the alien is not eligible to receive a new visa until the pending petition has been approved

Any ideas?

[raghvi]

I dont see how is this directly related to your spouse's H4. As I said earlier, she need not go for stamping and can travel with her old visa and new petition details.

But as a matter of future convenience its advisable she attends fresh H4 stamping along with your H1 stamping. If it is inconvenient for her to attend H4 visa interview currently, it is still fine , she can use the older H4 valid visa to travel even though it has the previous employer name on it.

This is my opinion not legal advice.