H1B got transferred and dependents applying for new H4


Currently I’m in US, working for employer A and I’ve visa stamped until Sep 2016. My current employer has applied for extension.

I got a new job offer from employer B and got my H1B transferred.

My wife and kid are in India and they don’t have H4 Visa.

Can my dependents apply for new H4 Visa at this point? Does their H4 depends on my stamped Visa? or they can apply for new H4 with approval notice from employer B?

Thanks for your help!!


Even though you have changed employers, they can still go for H-4 stamping. Send them the updated new employer documents and they should be able to attend visa stamping using them. It is not required that you get B’s visa stamp first.

Thanks a lot Saurabh!!!

After joining the new employer, in how many days i can apply H-4 for my dependents?
Do I need to wait for getting my first payslip from my current employer?

My I-94 is valid until October 10, 2016 only. Please advice whether I-797(valid until 2018) alone will be enough for my dependents to get H-4?

Didn’t B’s 797 came w/ an I-94 attached? If yes, then its date should be same as your 797 date i.e. 2018; and would be your I-94 expiration date.

It would be better if they have at least one payslip when appearing for interview. The dates are pretty backlogged in India. So most likely by the time their interview date approaches, you would have more than 1 payslips.