Can Dependants Attend H-4 Visa Interview During Client Change Amendment Process?

Yes, your dependants can attend their H-4 visa interview while your client change amendment is in progress. The H-4 visa is a dependent visa issued to the family members of H-1B visa holders, and their application process occurs separately from your H-1B amendment or change of employer petition. Please note, however, that there are a few essential things to consider to ensure a smooth process.

Documentation

Ensure that your dependants have all the necessary documentation. This includes proof of your H-1B status, your current employment details, and all other required documents for the H-4 visa application. Having these documents in order beforehand can help streamline the interview process and reduce any potential confusion.

Pending Amendment

While an amendment is pending, it is advisable to have evidence of the pending petition. Consular officers may inquire about your current employment status and the amendment. Being prepared with accurate and up-to-date information can help address any queries they may have.

Approval Status

If your H-1B amendment is approved before the interview, it can strengthen your dependants' case. However, even if the amendment is not yet approved, it may still be possible for them to receive the H-4 visa, depending on the circumstances.

Consult Legal Advice

It might be beneficial to consult with an immigration attorney to ensure that all aspects of the situation are covered. An attorney can provide personalized advice based on your specific circumstances, helping you navigate the complexities of the process.

Overall, as long as your dependants meet the eligibility criteria and have the necessary documentation, they should be able to proceed with their H-4 visa interview. Ensure that you have an approved and valid H-1B visa and status before proceeding. This is because the H-4 visa validity is linked to the validity of the H-1B visa. Though the amendment petition is still for the same employer, it's important to be cautious and well-prepared.

As a general reminder: It is advised not to proceed with a visa interview until your amendment or any other process with USCIS is finalized. The documents needed for the visa interview are: your salary slip, your I-717 (Notice of Action), LCA (Labor Condition Application), passport, and DS form (DS-160 Application Fee Payment).

Note: I am not an attorney, and this information is not a legal opinion.