H4 visa stamping - H1 amendment issue


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Hi seniors,

I have a serious situation. My last H1 extension was filed by my employer with the documentation showing that I will be working at Client A. The documentation included LCA, Employer/vendor letters and other related documents. I got my H1 approved for 3 years and got the visa stamped which is valid till May 2013. Last year I got a new project at Client B and so my employer filed a new LCA with this client's information.

Now, here is the problem. I am getting married in April and am getting ready for my wife's H4 visa documentation and stamping. Now, my employer's legal department wants to file an H1 amendment for me. This will be again the complete new H1 process which include the client/vendor letters, POs and other stuff. To add more to the problem, my client will not be ready to give any letter of that sort and I will be filing without it. So here are the risks that result from this new amendment filing:

  • The Vendor’s PO will only state that the project is valid for 6 months, even though my client keeps my contract extending on a regular 6 months basis. That case I will fall in the risk of getting my H1 approved for a shorter period way less than the actual May 2013 tenure.
  • The amendment gets denied and I will lose the current valid H1 as well.

Did any of you guys faced this problem? Am I better off taking the risk of sending my wife to visa interview without filing an amendment? Or do I have to go through this whole painful process of filing one?

I would really appreciate if you could please help me out with your valuable suggestions.

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Generally, if an amended petition is needed, it will be needed regardless of whether the spouse applies for a H4 visa. Failure to file an amended petition, if required, could potentially lead USCIS to issue a Notice of Intent to Revoke the H1B petition or deny a later request for an extension of stay. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the risks involved in filing or not filing an amended petition.

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