I am working in USA with H1B VISA and my wife also living with me with H4B VISA. Now I am planning to change my employer(H1B Sponsor) and also my wife is planning to visit my Home country(India). Since our last H1B extension has happened while we are in USA, my wife’s and my H1B Visa not get stamped.

What could be the possible impact if I change my employer(H1B Sponser) after she landed our home Country(India)?

  • Does she have an unexpired H4 visa in her passport? – littleadv Aug 4 '14 at 4:38
  • @littleadv: No. Her h4 VISA stamp has been expired – Babu Aug 4 '14 at 12:25

The fact that you changed employers doesn't matter, what matters is that she doesn't have a valid H4 sticker. She'll need to apply for a new visa, and for that your employer's lawyer will have to prepare and provide her with a package of documents to bring to the interview. This is similar to the previous times she got the H4 sticker.

  • what if my wife gets valid h4 sticker, before I change employee – Babu Aug 10 '14 at 14:25
  • @Babu then you should read the first sentence again. As long as she has a valid I797 approving your H1b status, it doesn't matter that the employer name changed. – littleadv Aug 10 '14 at 19:39

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