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H4 amendment not filed..Help!!

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  • H4 amendment not filed..Help!!

    Hi All,

    I have H1B and my wife is on H4. Currently we moved to a new location in USA due to which I had to file petition amendment. My amendment is approved however while checking with my employer I found they forgot to file my wife's petiton amendment.

    I and my wife are going to India for Visa stamping in next 20 days(actually wife has already left for India). We had our extension done in 2014 but we havent stamped our visa after that. So this time we have to stamp our visas in India. However, since my wife's petition is not amended after my change of location, my question is can she go for visa stamping based on primary applicant's(mine) amended petition or she would need her own amended petition? Would there be a problem in stamping if she doesn't have valid amended petition? We both have valid I94 and extension(I797A) till 2017. I have asked my employer to initiate my wife's petition, but that may probably take some time and we don't have so much time in India as we have already booked our air tickets.

    Thanks!!

  • #2
    There is nothing to amend for your wife. Your wife doesn't work for your employer. She is a dependent on your H1B. Which your work location changes, the amendment need to be filed only for the H1B holder. I see no issues in your case. She can take your new amended H1B approval notice to get her H4 visa stamped.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      That's right, my employer also confirmed the same..many thanks!!

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