H1 amendment and h4 stamping

[inferno875]

Hi Folks,

I am in need of clarification regarding this scenario of mine.

I recently did my H1 extension and have my H1b renewed until 2024.While doing this extension I was working with client A. Now my contract with Client A has ended. I am starting my new contract with Client B on Dec 7. I have the vendor letter and client letter from Client B. My wife has her consular appointment on Dec 21 in Delhi. I talked to my employer. He says the time is too short to file for an amendment and get an approval prior to Dec 21.


Can my wife take my current valid i-797 ( without amendment to Client B) with the vendor and client letters from Client B and attend the H4 stamping ? The problem is that we are not getting any other future timeslots in India. This timeslot in December, we got after a very long wait.

Can she attend the H4 stamping without the amended petition? or should we wait until we get the amended version and re-schedule this visa interview for later?

Please advise. Thanks in Advance.

[rkk09]

Hi Member,
Please see my response below.

Can my wife take my current valid i-797 ( without amendment to Client B) with the vendor and client letters from Client B and attend the H4 stamping ? The problem is that we are not getting any other future timeslots in India. This timeslot in December, we got after a very long wait.
Answer: Could you please confirm are you working from home and you have LCA approved for your home address? or working in the same county or state which is commutable distance of approved LCA they filed previously? And your job role and duties are not changed massively for your new project? If your answer is YES, then you dont need to file an Amendment again and your spouse can go for visa interview with current H1B Approval along with new project documentations.
Can she attend the H4 stamping without the amended petition? or should we wait until we get the amended version and re-schedule this visa interview for later?
Answer: If you are not meeting the above mentioned requirements and there is material change on your previously approved petition then you will need to file an amendment in order to go for visa stamping.
All the best.
Thanks