H4 Visa Stamping without H1B Amendment

[debm78]

Hi Friend,

I have got my H1B transferred on Dec 2014. My spouse and kid has the H4B through my previous employer till Dec 2015. They are in India now.
My Employer is in process to file H1B amendment petition as I relocated to work with new client.
1. Can my spouse and kid go for H4B stamping without H1B Amendment receipt?
2. Can they travel with the existing valid visa through my previous employer along with my I797 approval notice?


Please guide me here.

Thanks
Deb

[shervin143]

1. Can my spouse and kid go for H4B stamping without H1B Amendment receipt?
>>> Not advisable. To reduce the risk of 221g, it is advisable that they go for stamping with the amendment.

2. Can they travel with the existing valid visa through my previous employer along with my I797 approval notice?
>>> They can travel with their existing H4 visa, but will need to carry your approved amended approval notice to be on the safer side.