H4 Visa during H1B ammendment in Process

[vk243]

Hello

I have H1B with my employer approved untill 2021 May and stamping is done. Recently I have changed the project which my Ammendment is in process.
So in this case Can I apply for H4 Visa? OR
I need to wait for Ammendment and then only I need to apply for H4?

Because my understanding was since I am with my employer and stamping is done I am OK to apply for H4.

Please suggest

[User099]

You can apply for H4, you don't need to wait for the amendment to be processed.

[gopalakrishnach]

I guess you can apply for H4 visa and which will be approved last will take precedence.

H1B approved on Jan 20.. you will be H1B

H4 approved on Jan 21.. you will be on H4.

I may be wrong. Just my personal opinion.

[vk243]

thanks for the replies. But,  H4 dependent visa for my wife while my H1B Amendment only is in process. I hope I am clear now. Please suggest.

Edited January 10, 2020 by vk243

[gopalakrishnach]

Please carefully checkyour question before you post it and ask for help. Now your entire question changed.

H4 visa/petition expired then apply else no need for H4.

[User099]

On 1/10/2020 at 5:54 PM, vk243 said:

thanks for the replies. But,  H4 dependent visa for my wife while my H1B Amendment only is in process. I hope I am clear now. Please suggest.

Visa is something you apply at the consulate. If that is what you are asking for then its better to wait for the amendment to be approved before applying for her H4 visa interview at the consulate. 

If she is already in US with you and you are applying for her H4 extension, then you can do that while your amendment is under process at USCIS. 

[vk243]

Sorry for the confusion Caused. I am phrasing entire Question again.

Myself on H1B which is stamped and expires 2021. Due to Project change recently I have filed Amendment which I got receipt number and in process.

So, in this case Can I apply for H4 Dependent Visa  to my wife who is in India? Do I need to wait for "Ammendment" Approval?

Sorry Once again. Please Suggest.

 

Thanks.

[User099]

You will have to wait for approval of the amendment. CO might give you a 221G asking for the amendment approval notice and visa will be pending till you submit it.