H4 Visa nterview while H1 Amendment In progress

[vk243]

Hello all,

Can some one please help on below Query

 I am on H1B which is stamped and expires on 2021 April.  Recently, due to Project change I have filed Amendment (with same employer )which I got receipt number and in process. As I am getting married, My fiancee has visa interview next month.

1. So is she good to attend visa interview with exisiting approved i797 with my same employer?

2. Does she need to wait for "Amendment" Approval for visa interview?

3.  can I fly out of US with my stamped visa while Amendment is in progress?

 

Please suggest

[shekar11#]

11 hours ago, vk243 said:

Hello all,

Can some one please help on below Query

 I am on H1B which is stamped and expires on 2021 April.  Recently, due to Project change I have filed Amendment (with same employer )which I got receipt number and in process. As I am getting married, My fiancee has visa interview next month.

1. So is she good to attend visa interview with exisiting approved i797 with my same employer?

2. Does she need to wait for "Amendment" Approval for visa interview?

3.  can I fly out of US with my stamped visa while Amendment is in progress?

 

Please suggest

1. Yes she can take your existing I-797.

2. Not needed.

3. Since you have stamping there should be no issues.

[User099]

13 hours ago, vk243 said:

Hello all,

Can some one please help on below Query

 I am on H1B which is stamped and expires on 2021 April.  Recently, due to Project change I have filed Amendment (with same employer )which I got receipt number and in process. As I am getting married, My fiancee has visa interview next month.

1. So is she good to attend visa interview with exisiting approved i797 with my same employer?

2. Does she need to wait for "Amendment" Approval for visa interview?

3.  can I fly out of US with my stamped visa while Amendment is in progress?

 

Please suggest

1. If you have an amendment pending, you cant use your old I797 for stamping or travel. You will have to wait for the amendment to be adjudicated. 

2. Yes

3. No, Its risky to do so. They might deny your entry at the POE as you don't have a Approved I797 as the amendment is pending. 

Convert to premium and try to get it approved before you travel.