Hope you are doing well. I have following questions to ask you. I have valid H1b approval till March-2015, but my client got changed few days ago, now i am in new location in US.
1. My wife will go to H4 stamping next month. Is the H1b amendment required for H4 stamping (as i changed location/client)?
2. Can I send my wife to US consulate with old approval notice which is valid till March-2015, New client letter, LCA and paystubs,bank statement etc (without H1b Amendment receipt)?
3. If H1b amendment is mandatory for H4, can i file H1b amendment and send my wife with H1b Amendment receipt or one should wait till H1b amendment is approved,
Please provide your comments at the earliest.
Thanks
Suresh
IMO, she will need copy of new certified LCA and H-1 amendment.
She may run into issues if the officer compares the old petition and new client letter. The officer may ask for new LCA and these days it is important to get H-1 amendment after every LCA change.
No, they would want the actual approval notice and not the filing notice.
Did you talk to your employer about filing the amendment? What’s their take on this?
Hi Saurabh,
Yes… my employer is also ready to file for amendment… but have small concern.
My H1B has validdity till Feb 2015 (mean current Visa and Petition)… the new client has given letter till Dec 2013 (for 1 year) and mentioned possible go beyond this. Is there any possibility - my amendment petiton get 1 year duration?(I’ll loose 1 year).
and please let me know can I travel to India After amendment… planning to go India and bring my family here, is it fine correct?
I appreciate your support & help, have been following your site for last 1 year.
Yes, it is possible that the new petition is valid only for 1 year. Your attorney can try to frame the letter to USCIS in such a way to mention that project has a good chance of extension and the original petition was approved for 3 years. It will be then USCIS officer’s discretion.
Once approved, you can travel to India and go for stamping (if your stamp has expired) and return w/ your family (who will need their own stamping).
Hi Saurabh,
Thank you, My employer is sub-vendor (Joined thru Client vendor) for current client. So do i must got for h1b amendment (my employer can’t file for amendment until get Client letter).
Can you plz calrify…
if my family attend for H4 with new LCA, Pay stubs and other supporting documents… do the VFS raise a query(incase amendment is required) or reject the VISA.
If the employer cannot file for amendment, then she can go w/ what you currently have and hope for the best. It is possible that they may be lenient w/ H-1 amendment as this will be H-4 interview. But if they really want the amendment, they will put the case under administrative processing. To get it approved, you will have to submit the amended petition.