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Travelling to India while H1B Amend+Extn is in progress

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  • Travelling to India while H1B Amend+Extn is in progress

    Hi,
    I have Visa, Petition and I-94 valid till next year July. (Petition for Dallas,Texas location)

    Becuase of relocation to new client in Norwalk,CT, my employer filed H1-B Amend+Extension. I got my certified LCA for Norwalk, CT and also receipt notice.

    I need to travel to India next month and will come back in Dec.

    Can anyone tell me whether my travel affect my amendment or will it create any problem in port of entry?

    Thanks & Regards,
    Chan
    Last edited by chandrasjr; 10-27-2015, 10:37 PM.

  • #2
    If you travel while your petition is pending, your extension of stay will get denied.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi,
      Thanks for the reply.
      Can I come to USA again as I have Valid VISA till 2016 July. (but for different client and location).

      If I can come back, will I (my employer) be able to file extension+amendment again?


      Regards,
      Chan

      Comment


      • #4
        You can travel back to the new location when the amendment gets approved. Otherwise you need to be prepared to answer questions at the POE if they ask why you are travelling to a different location (You need to show them the proof of H1B amendment - receipt notice). Once you are back, the employer can file an extension.

        Originally posted by chandrasjr View Post
        Hi,
        Thanks for the reply.
        Can I come to USA again as I have Valid VISA till 2016 July. (but for different client and location).

        If I can come back, will I (my employer) be able to file extension+amendment again?


        Regards,
        Chan
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Hi,
          I don't think my amend+extn will get approved at the time I come back here.

          I have receipt notice for the amend for new location that was filed. And also copy of certified LCA to new location.

          Do think I should be fine to come back to USA without any problems at POE?

          Regards,
          Chan

          Comment


          • #6
            Can't say that for sure. It totally depends on the officer at the POE. But carry the receipt notice for the amendment and the associated LCA will at least prove that you have already done the right thing of filing the amendment first before moving to the new location. Since you travel while the petition is pending, the chances are, only the amendment can get approved. Extension can be denied.

            Originally posted by chandrasjr View Post
            Hi,
            I don't think my amend+extn will get approved at the time I come back here.

            I have receipt notice for the amend for new location that was filed. And also copy of certified LCA to new location.

            Do think I should be fine to come back to USA without any problems at POE?

            Regards,
            Chan
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Same situation

              I am in a similar situation. My extension is approved but client got changed and employer is same. Now amendment has been filed. Can I travel back to India, get my visa stamped and enter US while amendment is in progress?

              Comment


              • #8
                Can i travel to US - my i-94 and visa expiring in June 24, 2016.

                Can i travel to India as my i-94 expires on 24 June 2016. My extension for H1b is filed and i have the receipt number with me. I will be returning back to US in first week of June. Is it fine or is there any restrictions in coming back to US ? My wife is also planning to come with me but her extension is not yet filed but her i-94 is also valid till 24 June 2016.

                Comment


                • #9
                  Originally posted by preet_81 View Post
                  Can i travel to India as my i-94 expires on 24 June 2016. My extension for H1b is filed and i have the receipt number with me. I will be returning back to US in first week of June. Is it fine or is there any restrictions in coming back to US ? My wife is also planning to come with me but her extension is not yet filed but her i-94 is also valid till 24 June 2016.

                  Till when is your H1 visa in the passport valid to?

                  Once you leave US the current I-94s that you and your spouse hold do not have any significance. In fact you should be handing over the I-94 at the exit point. Now as for the return, it depends upon the officer at the POE if he/she admits you and your spouse merely on the basis of the extension receipt notice. May be he/she will, and he/she would grant I-94 only till visa expiry date/passport expiry date, whichever is earlier.

                  This is my opinion not legal advice.

                  Comment


                  • #10
                    Originally posted by gauravbhatia79 View Post
                    I am in a similar situation. My extension is approved but client got changed and employer is same. Now amendment has been filed. Can I travel back to India, get my visa stamped and enter US while amendment is in progress?
                    Hi Gaurav,
                    I am in same situation, can you pls tell me what happend to your case??Did you travel to india while amendment in progress??Did you face any issue?
                    Its urgent pls

                    Comment


                    • #11
                      Visa stamping while amendment in progress( Shervin need your help)

                      Originally posted by shervin143 View Post
                      Can't say that for sure. It totally depends on the officer at the POE. But carry the receipt notice for the amendment and the associated LCA will at least prove that you have already done the right thing of filing the amendment first before moving to the new location. Since you travel while the petition is pending, the chances are, only the amendment can get approved. Extension can be denied.



                      Hi Shervin,

                      I was in H4 and applied for H1b and got approved while I was in US. My employer is the same but recently the client changed ( within 20 miles) and amendment was applied. My current petition is valid till 2019 and have valid LCA for the new location. I'm yet to receive the receipt number for the amendment. Can I travel to India and attend visa stamping with my existingt petition/and respective LCA( from my previous client)( since new petition is in progress )? I even have the valid client letter form previous client. I have already started working for the new client. Will it impact my amendment or visa stamping. Appreciate your response.

                      Comment


                      • #12
                        h1b extension approved, but amendment in progress can I go for visa stamping to india

                        Hi Guys,
                        I am in same situation, my extension got approved and I am moving to other client and location so amendment is in progress, I am planning to go india for visa renewal will there be any issue I have amendment LCA and receipt notice. could you pls tell me what happened to your case?? Did you travel to india while amendment in progress??Did you face any issue?
                        Last edited by praveensannakki; 03-13-2017, 05:52 PM. Reason: complete issue

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