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Is approved H1b relocation amendment required for stamping?

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asked Dec 18, 2016 in H1B: Visa Stamping by Biswajit21747 (150 points)

·         Hi,

I have H1B visa stamping interview setup on 29th Dec 2016 in Delhi. I had with me all required documents especially my approved H1b extension (until Aug 2017), Receipt of H1B relocation amendment notice and new DS-160. I was recently informed by my company that US consulates in India are now demanding an 'approved'  H1B relocation amendment notice and not just submitted one. Now with 1 week left for my travel I am being asked to cancel my trip and submit in premium and then re-schedule. Considering the backlogs I am not sure how long its gonna take for scheduling the interview after premium approval. I googled for this in US consulates as well as USCIS but didn't find any such information. Can you please confirm if this is a directive that has come out officially or is it one of case that has prompted my Employer to notify me of this possibility. This is so much of inconvenience as there are lot of expenses tied to my travel and I have already cancelled my trip once. Below is snapshot of email I received.

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Dear Associate,

We see that you have your US visa appointments scheduled in the near future.

The initial guidelines from the USCIS recommended an amendment filing and having the receipt notice in place to apply for the visa stamping, based on which your visa appointments were scheduled.

However, as per the recent update from the US Consulates in India, an Approved Amendment petition is required for the visa stamping. Only after stamping is completed, you can travel.

We would recommend you to cancel your current appointment, reach out to your amendment filing case manager and have your amendment filing upgraded to premium (which would cost $1225 to your project). On approval of the amendment, get the visa stamping appointment scheduled.

It is an inadvertent change in the USCIS guidelines and we will have to conform to the requirements. Please plan your travel accordingly.

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1 Answer

0 votes
answered Dec 20, 2016 by Attorney Emandi (4,450 points)

It is clear that the consulate will not entertain a visa unless approved and with a pending case, the consulate will be aware based on your completion of the DS-160 form and/or otherwise.

Once your amendment petition is approved, then you can proceed with consular interview.

Rani Emandi, Esquire

Emandi Law Firm PC

www.emandilaw.com

New York Office                         New Jersey Office          

421 7th Avenue, Suite 909           265 Lincoln Highway, State Road 27

New York, NY 10001                   Iselin, NJ 08830

Ph: 212-686-7782                        Ph: 732-636-7782

Fax: 212-686-7792

If you are looking for a Project or an H1B Visa Transfer, with Immediate GC Process, please call us at (800) 693-8939 or h1btransfer@hireitpeople.com

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