I am in the US. My employer has filed for amendment for a job change. I have not changed employer. But my wife had to travel out of the US due to family emergency even before the amendment process began. Now my application is still in process. Can my wife return to the US even when the amendment is still in process or it is approved?Thank you everyone for answering the question... Today I see my petition has been approved. Her H4 visa is valid till 2017. Since the amendment is approved. Does she need to re-stamp the visa just because of the amendment?
As long as the H1B is up and running, he or she can.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
If are in valid H-1B status and you are complying with the requirements of the H-1B status, your spouse will be able to travel abroad and return with the the H-4 visa. As to the need for the amendment, you should discuss that issue with your employer's immigration attorney
Yes, as long as you are otherwise in valid H-1B status by working for the "employer" you are supposed to work for on your H-1B and wife can prove it with documentary evidence (copy of your 3 most recent pay stubs, W-2, tax return) IF questioned or otherwise challenged upon her having landed at a US airport.
If my answer is "HELPFUL" and/or the "BEST ANSWER" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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