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H4 COS Visa Stamping + H1B Amendment

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  • H4 COS Visa Stamping + H1B Amendment

    Hello,

    Maybe this is a silly question here.

    My wife applied for her COS (from H1). At that time, my H1 transfer was underway and was not approved yet. I upgraded it to premium and got the approval soon. After a week or so of my H1 approval, her H4 also got approved. She started setting up the appointment date for her visa interview as she is set to go to India in the next couple of weeks.
    In the meanwhile, we realized that my H1 approval copy does not have I94 in it. Her H4 approval notice however does have an attached I94. When I spoke to the lawyer, they said that they had applied for an H1 amendment as well (right before I had upgraded my initial petition to premium processing). Now this amendment approval came through as well and that has an I94 on it.

    My question is - Do I need to apply for my wife's H4 again based on this amended petition, or can she still go for the visa stamping with both copies of my approval notice (amendment with I94 and the original without I94).

    Thank you for your response.
    Last edited by sharma_im; 12-04-2016, 05:40 AM. Reason: missed adding details on H4 with I94

  • #2
    Originally posted by sharma_im View Post
    Hello,

    Maybe this is a silly question here.

    My wife applied for her COS (from H1). At that time, my H1 transfer was underway and was not approved yet. I upgraded it to premium and got the approval soon. After a week or so of my H1 approval, her H4 also got approved. She started setting up the appointment date for her visa interview as she is set to go to India in the next couple of weeks.
    In the meanwhile, we realized that my H1 approval copy does not have I94 in it. Her H4 approval notice however does have an attached I94. When I spoke to the lawyer, they said that they had applied for an H1 amendment as well (right before I had upgraded my initial petition to premium processing). Now this amendment approval came through as well and that has an I94 on it.

    My question is - Do I need to apply for my wife's H4 again based on this amended petition, or can she still go for the visa stamping with both copies of my approval notice (amendment with I94 and the original without I94).

    Thank you for your response.
    Use the last approved I797.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Use the last approved I797.
      Thanks Raghvi, and that is just for the interview purposes right? I don't have to reapply her H4 based on this I would think. She can still go for the visa stamping that she had scheduled based on my initial I 797 but just take the latest approved I 797 with her.

      Hope my understanding is correct.
      Thanks Raghvi.

      Comment

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