Traveling to India,H1B transfer approved,H1B amendment pending

[geekforu]

I recently got my H1B transfer approved till 2018 and joined the new employer. After joining, the new employer has filed for H1B amendment for client address change (within 10 miles) and it is pending with the uscis. I also have a visa stamp from my previous employer valid till May 2016. In such case, can I travel to India and come back without any issues and without any stamp in my passport for new employer and with H1 amendment pending with the new employer ?and with H1 amendment pending with the new employer ?

[shervin143]

It is not advisable to travel when the amendment is pending with USCIS. However, if you have to travel, then carry a copy of the H1B receipt notice for the amendment to prove that a amendment is filed on time. If you travel back using the existing visa in the passport, then it is possible that your I-94 is issued only till the visa expiry date even though your petition is valid until 2018.

[geekforu]

It is not advisable to travel when the amendment is pending with USCIS. However, if you have to travel, then carry a copy of the H1B receipt notice for the amendment to prove that a amendment is filed on time. If you travel back using the existing visa in the passport, then it is possible that your I-94 is issued only till the visa expiry date even though your petition is valid until 2018.

Thanks. If I 94 is issued till visa expiry, then what will happen when the I-94 expires ? Will the new 2018 I-94 date automatically be effective ?

[shervin143]

Nope. Your last received I-94 will be the one that is effective. Your employer will need to file the extension again before that I-94 expires. Search and read about the last action rule.

Thanks. If I 94 is issued till visa expiry, then what will happen when the I-94 expires ? Will the new 2018 I-94 date automatically be effective ?

[geekforu]

Nope. Your last received I-94 will be the one that is effective. Your employer will need to file the extension again before that I-94 expires. Search and read about the last action rule.

So the same thing applies to people who have H1 transfer+extension approved till 2018 and visa stamp till 2016 right ? Just to confirm that this issue is not because of amendment and it is because of extension.

[gunner21]

H1-B Amendment

So the same thing applies to people who have H1 transfer+extension approved till 2018 and visa stamp till 2016 right ? Just to confirm that this issue is not because of amendment and it is because of extension.

Hi,
I have a question - is it fine to travel and do the visa stamping when H1-B amendment (new LCA with new address is certified) is already applied for, but is pending ? In this case it's for a change of one of the three addresses for work location (for a client's office location). The other two addresses(home address for working from home / parent company Headquarter's address) are same on the current and new LCA. Since new LCA is certified, is waiting on the amendment a necessity ? The current I797 is valid till 2018. This would be for a second H1B stamping. Thanks.

[shervin143]

Yes.

So the same thing applies to people who have H1 transfer+extension approved till 2018 and visa stamp till 2016 right ? Just to confirm that this issue is not because of amendment and it is because of extension.

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LCA is will DOL. H1B is with USCIS. Visa is stamped based on the H1B approval notice and not based on the LCA. H1B is approved based on the approved LCA. To get the visa stamped, it is advisable you wait until the amendment gets approved.

Hi,
I have a question - is it fine to travel and do the visa stamping when H1-B amendment (new LCA with new address is certified) is already applied for, but is pending ? In this case it's for a change of one of the three addresses for work location (for a client's office location). The other two addresses(home address for working from home / parent company Headquarter's address) are same on the current and new LCA. Since new LCA is certified, is waiting on the amendment a necessity ? The current I797 is valid till 2018. This would be for a second H1B stamping. Thanks.