Query regarding H1 AND H4 stamping

[gbisna]

My case : My H1B visa is stamped through my previous employer A and it is valid till March 2017. My H1B has been transferred to employer B, while I was in US; due to the transfer I received a new I797 stating that my H1B petition with employer B has been approved and I can remain in US till April 2017.

--> What I want to know is whether it is mandatory for me to again appear for H1B visa interview given the fact that my H1B visa on passport is still valid (although it was done via my previous employer) and I have approved H1B petition from employer B and whether I can skip the interview process when I have to go to India or whether interview waver policy will be applicable in my case wherein I can simply drop off my passport for H1 stamping on the basis of my approved employer B's H1B petition.




My Spouse's case : Her H4 visa is also stamped via my previous employer. She is with me in US and will have to go to India for my sister's wedding. Her H4 transfer is still pending.

--> What I want to know is whether she will have to appear for visa interview or interview waver policy will apply to her case wherein she can simply drop off her passport for H4 stamping on the basis of my approved employer B's H1B petition.

[raghvi]

My case : My H1B visa is stamped through my previous employer A and it is valid till March 2017. My H1B has been transferred to employer B, while I was in US; due to the transfer I received a new I797 stating that my H1B petition with employer B has been approved and I can remain in US till April 2017.

--> What I want to know is whether it is mandatory for me to again appear for H1B visa interview given the fact that my H1B visa on passport is still valid (although it was done via my previous employer) and I have approved H1B petition from employer B and whether I can skip the interview process when I have to go to India or whether interview waver policy will be applicable in my case wherein I can simply drop off my passport for H1 stamping on the basis of my approved employer B's H1B petition.




My Spouse's case : Her H4 visa is also stamped via my previous employer. She is with me in US and will have to go to India for my sister's wedding. Her H4 transfer is still pending.

--> What I want to know is whether she will have to appear for visa interview or interview waver policy will apply to her case wherein she can simply drop off her passport for H4 stamping on the basis of my approved employer B's H1B petition.

It is not mandatory for you to go for H1 stamping. But do carry your latest H1 petition and employment papers related to B.
Technically there was no need to file a H4 transfer for your spouse. She need not go for stamping either, she needs to carry copy of your latest petition and paystubs.

This is my opinion not legal advice.