H4 Stamping With H1B Employer's Merger

Hi Anil,

Here is a little background - My I797A is Valid until DEC 2019 and it has XYZ solutions printed on it. However last year ABC Solutions has Acquired/merged with XYZ solutions and from that period onwards, all my payroll,W2 etc are generated with ABC solutions. In other words ABC Solutions is my employer now.

My wife is currently on H1B, She want to convert to H4. Here are my questions:

  1. If she goes to India for stamping, Will this merger be any Problem? Like My I797 has XYZ solutions but all the other paperwork will be from ABC solutions. When asked about my Employer what she should be replying?
  2. She is planning to go in month of May or June, by that time my H1B is valid for only 5 months, Will that be OK ? or Is it good to wait until I get a new H1B extension and then make the travel Plans?
  3. Can she go to Canada or Mexico for H4 stamping? She is on H1B and never got stamped. In other words for first time stamping, does she has to go to only “Home country” (India)?
    Could you Please clarify.

Many Thanks in Advance.

Was any H1B amendment filed for your case when ABC took over your company?

We were told No amendment was required and for none of us amendment was filed during merger. However when extension is due, ABC would take care. Some of my colleagues from XYZ got their extensions successfully with ABC solutions printed on their I797A.

Then, it should not be an issue for H4 stamping.

Your wife can go to Canada for H4 stamping.

Thank you Anil. Just wanted to reconfirm, so you are saying that even though she does not have H1B stamping in the passport, she is still eligible to go to Canada for H4 stamping?

If that is the case it will be great…!!

Yes, you can go to Canada for H4 stamping.

Thank you, for the Quick response. Appreciate it.

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Hi Anil,

I searched many forums but i did not get an answer. Can My wife go to Switzerland for H4 stamping. She has plans to go to Switzerland to visit her cousins, so thinking is that a viable option to get H4 COS/Stamping there in Switzerland itself. As mentioned earlier, currently she is on H1B and doesn’t have H1B stamping in her passport.

Thank you in Advance.

Legally, you can visit any country for visa stamping.

The fact that many attorneys suggest to go to home country is because USCIS shares your case approval data explicitly with your home country US embassy.

Also, the home country US embassy has more information about your education degree and other stuff.

Rest is your choice as to which country you want to go for visa stamping.

Thank you Anil for quick response.

Hello Anil,

All the while I have forgot to mention one point. My I797A approved until DEC 2019. However last month I changed client, meaning from Location A to B and my employer has filed an amendment for the same. while I’m filling my Wife’s DS160, I have given the petition number from approved I797A valid until DEC 2019.

Question - Does she need to carry my amendment receipt or anything? Will this raise any flag? OR is she good to go to stamping with Approved I797A ?

Could you please advice. Thanks in advance.

She is fine with approved i797 copy. But, there is no harm in carrying the amendment receipt as well just in case they ask.

oh ok…sure will do that. Thank you…

Hello Anil,

After couple of weeks from the last conversation around April end, my Amendment got approved and received my I797A approval notice as well. So We filled in a new DS160 with this new I797A petition number.

Today My wife went to Visa Interview and the officer told that they cannot find this petition on their systems and gave a 221g white slip and told it is under Administrative processing takes up to 1-2 weeks for further verification. (They took the passport and I797A copy for verification)

My Questions:

  1. Is the I797A after amendment is something different from I797A that we get after H1B extension ? I mean In first place can we use the I797A petition from amendment for stamping purpose ?

  2. Do my employer or attorney need to do anything from our side to update the system with this new petition ? Any Idea how these kind of cases will be taken care ?

  3. When i check the USCIS case status with this new receipt number, It still shows “Your Name was updated” when i already have my I797A with me. Confused.

Could you please provide your inputs. Appreciate your response as always.

Thank you.

You cannot do anything here.

USCIS sends the approval notices to your home country US embassy after approval. Embassy uses USCIS system to validate the approval too.

It is possible that US embassy is not able to verify it yet and hence sent it directly to USCIS.

The online USCIS website is not updated correctly these days for many cases. So, don’t worry if it shows ‘name was updated’ status.