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Immigration Issues/H4 visa processing (dependent in India) after H1 Transfer

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Question
Ajayji!

Thanks for providing such a good forum to ask question.

It would be great if you can suggest on the below:

I was working with employer A on H1 and now I am working with employer B.
I am waiting to get copy of my new petition from employer B.

I wish to process my dependent visa (Wife and Child in India), I am not sure can I process their visa using my earlier petition ?
OR Shall I wait till I get new petition?

Is there any issues when processing dependent visa with new petition (employer B) when I got stamped with previous employer A?

Do I need to precaution when processing family visa

Best Regards
Guruprasad..

Answer
Hi Guru,

When your family applies for H4 visa stamp at the U.S. Consulate, the Consulate will ask for evidence that you (as the principal H1B family member) are maintaining your H1B status. Thus, the Consulate will ask your family at time of H4 visa stamping interview to submit your recent pay stubs, and perhaps W2 (summary of annual salary) for previous years. Now if you submit pay stubs from Employer B, but do not yet have H1B approval through Employer B, the Consulate may hold off on issuing the H4 visa stamp to your family until Employer B's H1B petition is approved. This holds true even though under H1B portability rules you can legally start work for a new H1B employer upon its filing of the H1B petition rather than waiting for the petition to be approved.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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