H1B Visa Stamping of Unused Petition + Amendment process

[nitinchhabra0506]

Hello -

My Wife is on H4 Visa (as a dependent of my spouse) in US right now and she has unstamped & unused H1B petition which is going to expire soon in Sep 30, 2015.. and we need to know following :-

1.) Under New Law Can she attend H1B Visa interview in our home country(India) with her current petition + New LCA(with new client details) , will there be any problem, as there will be different client address in I 129 and in LCA. Whereas her employer is going to file an amendment soon but by the time she will attend the interview she might not have the Receipt notice for Amendment. Is there any possibility of getting 221G Slip to her via visa counsellor ?

2.) Since her employer is going to file the Amendment paralely when she has the Visa Interview in next 2 weeks. But since her current petition will expire on 30th September 2015 and her employer that she will get the receipt notice and new I 129 within 4-5 from the date when the petition will be filled and then with the Visa Stamped, Receipt notice of amended petition and new I 129, Question - Is above information true that one can travel upon receipt notice and new I 129 if yes than how soon once can travel on H1B when petition is going to expire ? Is there any limitation on the number of days left ? as anyway Employer is going to file extention upon her arrival in US.

3. ) If you don't find above suitable then what would be your recommendation to handle the situation ? Please advise.

Regards,
Nitin

[shervin143]

1.) Under New Law Can she attend H1B Visa interview in our home country(India) with her current petition + New LCA(with new client details) , will there be any problem, as there will be different client address in I 129 and in LCA. Whereas her employer is going to file an amendment soon but by the time she will attend the interview she might not have the Receipt notice for Amendment. Is there any possibility of getting 221G Slip to her via visa counsellor ?
>>> There are possibilities of getting a 221g. It is advisable that she goes for visa stamping after the amendment gets approved.

2.) Since her employer is going to file the Amendment paralely when she has the Visa Interview in next 2 weeks. But since her current petition will expire on 30th September 2015 and her employer that she will get the receipt notice and new I 129 within 4-5 from the date when the petition will be filled and then with the Visa Stamped, Receipt notice of amended petition and new I 129, Question - Is above information true that one can travel upon receipt notice and new I 129 if yes than how soon once can travel on H1B when petition is going to expire ? Is there any limitation on the number of days left ? as anyway Employer is going to file extention upon her arrival in US.
>>> Again, not advisable. She can have trouble at the POE depending on the officer.

3. ) If you don't find above suitable then what would be your recommendation to handle the situation?
>>> Wait for the amendment to get approved. Get the visa stamped with the amended petition and travel to U.S by carrying the amended petition.