Urgent!-- H4 petition in process, then H1B amendment filed

[grouplee]

Hi, would someone please advice?

I filed an H4 petition (transfer from F1) for my wife. A few weeks later, my co's lawyer filed an H1B amendment for me.

I informed the lawyer that an H4 petition was in process before the amendment was filed . The lawyer told me to do nothing.

Now, I am a valid H1B visa holder, and the amendment is pending.
The H4 petition for my wife is also pending, but USCIS is asking for
a copy of the approval notice (I-797) for the most recent I-129 petition.

What should we do now?
-1. Send a copy of my old approval notice I-797 and the current receipt notice to USCIS.
-2. Wait for the approval notice of the amendment, then send it to USCIS.

What if we still don't have the approval notice before the due date of response to USCIS? Will the H4 petition be denied right away?

Thanks in advance.

[shervin143]

Send a copy of my existing approval notice I-797 and the receipt notice for the H1B amendment. Include a cover letter mentioning the reason for amendment.

[grouplee]

Thanks Shervin for your reply.

Do I need to include the latest I-129 form as well?

The company name on my existing H1B is one sub of the parent company, my payment is from another sub (the one that I am working at). The amendment petition asks for H1B extension, albeit my existing H1B expires in 2 years. Does that make this case more complicated?

Send a copy of my existing approval notice I-797 and the receipt notice for the H1B amendment. Include a cover letter mentioning the reason for amendment.

[shervin143]

If you have a copy of the form I-129 that is submitted with USCIS, then you can certainly include that. Attach a cover letter stating that your H1B amendment is pending and that is the reason why you are attaching form I-129 and the receipt notice.

Thanks Shervin for your reply.

Do I need to include the latest I-129 form as well?

The company name on my existing H1B is one sub of the parent company, my payment is from another sub (the one that I am working at). The amendment petition asks for H1B extension, albeit my existing H1B expires in 2 years. Does that make this case more complicated?

[grouplee]

Thanks a lot again. Very helpful.

If you have a copy of the form I-129 that is submitted with USCIS, then you can certainly include that. Attach a cover letter stating that your H1B amendment is pending and that is the reason why you are attaching form I-129 and the receipt notice.