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H4 process while H1 Amendment is about to be filed...

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  • H4 process while H1 Amendment is about to be filed...

    Hi All,

    My company immigration team are yet to submit my papers for H1 Amendment.
    I believe the papers would be submitted for amendment in 1 or 2 weeks from now.
    My wife and kid are also planning for H4 stamping process.
    1. Can they go for H4 stamping now?
    2. Do they need to stay back till I get my Amendment papers filed and get the receipt for the same?
    3. Should they go for H4 stamping only after I get the approval of H1 papers?

    Please advise!

    Regards,
    Raj

  • #2
    What is the amendment for?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      My original H1 papers were filed for PA state.
      These H1 original papers are valid till 2017
      Now, I have come to WI state after getting the required LCA.
      Due to the recent rule by USCIS, my company has filed for H1 Amendment.
      This is the reason for amendment.

      In this scenario,
      1. Can they go for H4 stamping now?
      2. Do they need to stay back till I get my Amendment papers filed and get the receipt for the same?
      3. Should they go for H4 stamping only after I get the approval of H1 papers?

      Regards,
      Raj

      Comment


      • #4
        1. Can they go for H4 stamping now?
        >>> Yes. Give them a copy of the H1B amendment receipt notice, just in case the VO asks about your location change.

        2. Do they need to stay back till I get my Amendment papers filed and get the receipt for the same?
        >>> Yes. They will at least need the H1B amendment receipt notice.

        3. Should they go for H4 stamping only after I get the approval of H1 papers?
        >>> If they can wait until you get the H1B amendment approved, then that would be better. Although it is not mandatory. They can attend the visa interview with your existing H1B approval notice and a copy of your H1B amendment receipt notice.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks a lot for all the replies till date.
          Is it sufficient to provide my H1B Approval notice copy?
          Or should she take my original papers?
          Because, I am in USA and I have all my H1B original Visa papers.

          Also, my wife is currently working in India.
          One of my friend here says that it is better to declare the dependent as HouseWife rather than stating about the responsibilities in work.
          Reason that she says is that H4 could get problematic if we declare about working wife, as the VO may think that the person could come to US and start working.
          How far is this scenario true?
          And what all documents should my wife show to the VO with respect to her official stuffs?

          Regards,
          Raj

          Comment


          • #6
            Is it sufficient to provide my H1B Approval notice copy?
            Or should she take my original papers?
            Because, I am in USA and I have all my H1B original Visa papers.
            >>> A copy is enough to get their H4 stamped. However, you are encouraged to provide them the original if you feel comfortable.

            Also, my wife is currently working in India.
            One of my friend here says that it is better to declare the dependent as HouseWife rather than stating about the responsibilities in work.
            Reason that she says is that H4 could get problematic if we declare about working wife, as the VO may think that the person could come to US and start working.
            How far is this scenario true?
            And what all documents should my wife show to the VO with respect to her official stuffs?
            >>> Providing false information in DS160 can lead to life ban. There is absolutely no reason to hide the fact that your wife is working back in India. Dependents are allowed to apply for H4 even for short visit. As long as your dependents are aware of the fact that they are not allowed to work in U.S while on H4 visa (unless they have an EAD), they are good. Following details are required for H4 stamping.
            https://www.immihelp.com/h4-visa-stamping-documents/
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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