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I and my dependent wife have a H1B/H4B stamped visa till 18-Jan-2015 but did not travel to US. In the meantime i got a promotion and my employer filed a H1B Amendment which got approved. Now my employer wants me to get my visa re-stamped due to the amendment, however my employer says my wife need not get her visa re-stamped. I would like to know if its okay for me to get re-stamped while she travels on the basis of her visa prior to the amendment. Is my employer correct? Please advice.
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As long as your wife's H4 is valid with a valid I94, she is good. Your H1 amendment is not linked to her VISA. She does not have to goto stamping again.
~cyanide. -
H1B: Amendment - Dependent Stamping
Thanks cyanide. Since we are yet to travel there is no scope of I94. My wife has a valid H4 visa till Jan 2015, however the visa has a reference to my pettition file number which is invalidated because of H1B Amendment. So will there be any problem during POE for her if she is not re-stamping?Comment
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That's fine, it makes no difference to either of your Visas. Neither of you will need new Visas.This is my opinion and not legal advice.Comment
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Thanks for your inputs. Now my employer is sending me to the US consulate to get my visa re-stamped because of my H1B Amendmen. So my concern is my spouse visa has a reference to my pettition file number which will be invalidated because of H1B Amendment re-stamping. So will there be any problem during POE for her if she is not re-stamping?Comment
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