Can dependent get H4 visa when H1 is in USA and has got visa transferred


My visa is expiring on 22nd December 2015, which was given for my old employer.

I have got my visa transferred to new employer.

My dependent’s visa will also expire on 22nd December.

After 22nd December 2015, if my dependent want to apply for H4 visa from India… what is the procedure?

To apply for H4 visa, is it mandatory that valid H1 visa should be stamped my passport?

Your dependent would need copy of your new approved 797. Rest of the documents will be similar to what you guys needed for initial stamping. It is not required H-1 to be stamped in your passport. Also, recent payslips and W-2 copies may be needed to show that you are maintaining valid legal status in US.

Thanks Saurabh.

I will update the result of the interview in this thread.