I am in H1B with company A and changing employer to B. My family is in India and they don’t have visa stamping and booked a visa slot and this is their first visa interview on Sep 3, 2021(They didn’t travel to the USA even one time). I am in process of changing my employer to B.
1… My H1b transfer is in process and does this affect their H4 visa interview?
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.
Thanks In Advance
It may if you changed the employer before their visa interview.
Yes, they can travel using the copy on the new I-797 approval notice for H1B primary and the stamped visa.
H4 is not employer dependent. It’s tied to the status of H1B and the H4 spouse self petition his/her H4 and is petitioner for the H4 kids. People think the employer do H4 transfer (extension of status) just because you use your employer’s lawyer to apply for H4 dependents
Generally speaking extension of status application is done while the status is still valid and applicants are present in the US. In your case your dependents are still not in H4 status so the only way to get H4 is go for H4 visa stamping. When they enter the US, CBP will provide the I-94 for the period of stay which normally is same as your newly stamped H4 visa.