Visa stamping from India for H-1B and H4

Hi Anil,

I know you have answered a few similar questions but I have something specific that I am seeking answers to given the current visa appointment situation in India. We want to avail of the dropbox facility, if possible.

Scenario:
My husband and I both had our H-1B and H4 I-797 through his previous company A until Jan 2023 (no stamping yet). He recently changed his job and company B applied for H-1B and H4 transfer. He got his approved I-797 until 2024 and I am still waiting (seems forever).

Questions:

  1. We are thinking of getting our visas stamped from India. As we don’t know when my I-797 for H4 visa with company B is going to show up, can he get his H-1B through Company B stamped (valid till 2024) while I get my H4 stamped that was through Company A (valid till 2023)?
  2. Is this going to be a problem other than different validity as my H4 transfer is undergoing through company B? Will that automatically get nulled when the Company A visa gets stamped?

Hi,
Replying on behalf of Anil.

H4 is independent of employer. Rather H4 is derivative of the primary H1B on basis of which it exists and depends.

H4 extension of status is done based on H1B approval and validity so in your case when you go for visa stamping, the VO will need your husband’s I797, along with other supporting documents, you to qualify for H4 and the visa validity will be based on the validity of your husband’s current I797.

If you leave the US while your extension of status application is pending, it is considered abandoned and USCIS will deny it. This will though not impact your visa stamping in any ways.