H4 stamping in India while H1 is in USA and in RFE


arrjuna

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An amendment was filed on my H1B petition (with just role and salary change, everything else remains same) even before I got my visa stamped in India and travelled to USA. My visa displays my base petition number for which I had I797 approval and NOT the amendment petition number for which I just had acknowledgement letter at the time of stamping. I had filled my DS 160 with amendment petition number though. Me(H1) and my wife(H4) got our visas stamped together and have validity till mid next year. My wife is still in India and never travelled to USA.

Now we want to get H4 visa stamped for our new born son as I plan to bring them to USA. My amendment petition is still in process as I got RFEs twice on it and I am expecting a decision on it in first/second week of September. I have filled DS 160 for my son also with amendment petition number.

1. Will there be any problem getting the H4 stamped for him as the H1B amendment petition is still in RFE?

2. What all document do I need to send for the drop box as he is eligible for it?

3. As he can't sign authorization letter to pick up the passport, who should sign it on his behalf?

4. Can I exit the USA before getting a decision on the RFE?

5. If the RFE gets cleared before my family travels to USA, will there be a requirement for my wife to get the stamping again as her stamping was done with the base petition number? (Could be the case with my son's stamping also).

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