Can H1B visa holder can change jobs while H4 is going for new stamping

[Moueen]

Hello All,

Currently, I am working under H1B with Employer A from Feb 2020 and valid till Sep 2022, and due to the pandemic, my wife H4 didn't get a visa appointment(she doesn't have a visa stamping). Recently she booked an H4 visa slot for the first time on Sep 3/2021 and meanwhile I got a good offer from Employer B.

So my query is:
- Did she can attend the visa interview when my H1b visa transfer is in the process with my employer B?
- Is there any chance to reject her visa, because the main applicant H1b visa transfer is in process
- Let say If my h1b visa transferred to my new employer B before her H4 visa interview Sep 3 - 2021
- What kind of documents does she need to carry for her H4 Visa interview
- Does she need to modify the DS-160, as it is showing my old employer A


Please advise us with your suggestions/inputs

Thanks In advance

[rkk09]

Hi,
Please see my response below.
- Did she can attend the visa interview when my H1b visa transfer is in the process with my employer B?
Answer: Yes. She can. But suggesting to share your new H1B transfer documents to her at the time of Visa interview.
- Is there any chance to reject her visa, because the main applicant H1b visa transfer is in process
Answer: It will not be rejected. But, Officer may ask the question and they may issue notice for more documents.

- What kind of documents does she need to carry for her H4 Visa interview
Answer: You will need to provide,

• Transfer petition
• Transfer Approval notice
• Employment verification letter from new Employer.
• Recent most paystubs

Other documents as needed.
- Does she need to modify the DS-160, as it is showing my old employer A
Answer: She can not modify DS 160 once she submits. She can go with previously submitted documents and she has to give clarification at the time of Interview.
Thanks

[Moueen]

Thank you so much for your quick response. I have one more query.

Assume that my family got an H4 visa stamp with a 1-year validity,
2. Will my family can travel on an H4 visa if changed my employer to B. If no is there any process should I follow to bring my family to the USA?
3. Should I ask my new employer to transfer H4(But currently my family doesn’t have any visa or 1-94 as they didn’t travel to the USA)?

Please suggest with your inputs/suggestions.