H4 travel / stamping during spouse visa amendment in progress

[macusa]

Hi Experts

I applied for H1 petition extension and it is approved. My project location is changed and hence the LCA and visa amendment is in progress. My wife is currently in India, her visa expires in 2 weeks.

1) Is it possible for her to travel to US to the new location before visa expiry without any issue from CBP ?

2) Or is it better to get her visa stamped with my extended petition and amendment receipt and then travel ?

Thanks

Mac

[raghvi]

Hi Experts

I applied for H1 petition extension and it is approved. My project location is changed and hence the LCA and visa amendment is in progress. My wife is currently in India, her visa expires in 2 weeks.

1) Is it possible for her to travel to US to the new location before visa expiry without any issue from CBP ?

2) Or is it better to get her visa stamped with my extended petition and amendment receipt and then travel ?

Thanks

Mac

I would suggest she gets a new visa stamping with the amended petition. The biggest risk I see with travelling with a visa expiring in two weeks is that she will most probably get an I-94 only till visa expiry, plus the additional risk of she going to a location for which you are not yet approved to work by USCIS.

This is my opinion not legal advice.