H4 Visas re-stamping

[tinku]

Hi,

I am new to this thread.I have a valid H1 visa and i am in US and my wife has H4 and she is in INDIA and we expecting baby nxt month. So both the my wife and kid gonna join me in AUG.

Now once born i have to stamp visa for kid but the problem is i am tranfering my H1 so will there will be any problem for my Wife, do she need to go for re-stamping or she can HOLD the existing. whereas my kid will be have new H4. Is mother is required to accompany kid for stamping is mother's passport is needed for stamping.

I beleave if she goes then her's H4 will get cancelled and she is need to re-apply a fresh as my H1 is transfered.

Please help me ... your comments/advice is appreciated.

Thanks in advance ...

Thanks

[mansharnand]

Hi,

I am not sure how much this is going to help you. I just came across your question. I know that it is been a long time. Still wanted to write you what I have come across.

Visa has nothing to do with your H1 transfer. Though your visa in your passport shows a different company, you can still have a H1 transfer done to some other company. What all consulate bothers about is, whether you have a valid H1 stamped(i.e., not expired) and a valid I-94.

Logically and also lawfully speaking, your wife need not present her passport to consulate when she with your baby. Your baby is going to be a dependant on you. Not on your wife. Infact, if your visa and I-94 are not expired, you need not send your latest H1B, the company to whom you transferred at the latest. Your passport with old stamping and your old company's H1b are enough, unless if it is too long time for you after transfer and has worked with new company for a considerable time, that means got already 2 to 3 pay checks before you had sent papers for your kid.

Best thing is consult a lawyer once. Please don't risk.