H1B Amendment before Visa stamping

[mkumar.bit]

Hi,

My H1B extension along with H4 EAD for my spouse was filed in June, 2018 and was approved till June, 2021. At that time, I was working for say client A via vendor V1. I had a change in project earlier this year in May, 2019 and my work location changed to an adjacent building within 1 mile for same client A but via vendor V2. My employer at that time told that I do not need to file an amendment as the work location change is within 25 miles and the client is same.

I need to travel to India for my Visa stamping around Nov this year. My employer now told me that I would need an amendment to get done before I go for stamping. Employer said that amendment was not needed for continuing to work in USA but will be needed for visa stamping.

Additional info - My I140 is approved and this is my 8th year in USA.

My questions are?

1. Do I need to get H1B amendment done and approved before I can travel to India for Visa stamping?

2. Is there a possibility that I can get an earlier I797 approval date than my current I797 validity date of June, 2021.

3. Is it advisable to travel in this situation?

4. My wife is on H4 EAD and is working in USA. Can she travel for H4 visa stamping with her current I797 if I am advised not to travel?

5. If I start the amendment procress, would it be advisable to get the stamping done in Mexico?

Thanks for reading. Please help with the queries.

Regards.

[gopalakrishnach]

1) Better

2) We cannot say. But there are chances

3) Travel with amendment approved

4) She can travel to visa stamping with YOUR current approved I797

5) Yes.