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Can dependent(wife in H4 visa) travel while my H1B amendment in progress

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  • Can dependent(wife in H4 visa) travel while my H1B amendment in progress

    Hi,

    Am in H1B visa in USA. Three months ago my work location changed from Illinois to Michigan. So my employer has filed a work transfer called as H1B amendment. I got my receipt number. But application is still in progress.

    Now my wife is travelling in H4 visa, to my new work location. She also have H4 visa validity same as my validity(till sep 2013). I have given her all H1B petitions and transferred LCA copy, Amendment receipt number, and work authorization letter from my employer to her for the port of entry interview.

    My question is will she have a difficulty in port of entry interview ? (due to the amendment in progress status)

    Am afraid, for any reason, will there be a deportation ?

    PS : She has already entered US once and stayed with me in my previous location.

  • #2
    There will be no issues as long as she carries a copy of the H1B amendment. You are allowed to work at the new location as long as the H1B amendment and a new LCA are filed. It is not required that the H1B amendment need to be approved in order to start working.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks a lot for your reply.

      I am already working in my new location here.

      My wife is only travelling to new location from India. She only have receipt number of amendment and not the copy of filed amendment. It is with the employer.

      Is there any other way out ?

      Comment


      • #4
        Receipt notice of the H1B amendment is good enough. Check iwth the employer to see if you can get a copy fo I-129 filed for the H1B amendment. That is only an additional doucments. If you cannot get that, then just the receipt notice will do.

        Originally posted by kmarrs View Post
        Thanks a lot for your reply.

        I am already working in my new location here.

        My wife is only travelling to new location from India. She only have receipt number of amendment and not the copy of filed amendment. It is with the employer.

        Is there any other way out ?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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