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H4 to H1 & H1 amendment

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  • shervin143
    replied
    If the amendment was filed just for the location change and if no extension was requested, then you can travel out. If an extension was requested, then if you travel, the extension of stay will be denied. If you travel when the amendment is in progress, then you should wait until you get a decision on the amendment before entering U.S or before attending the visa interview. You need the amended approval notice for visa stamping and re-entry.

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  • Aquarian89
    started a topic H4 to H1 & H1 amendment

    H4 to H1 & H1 amendment

    Dear all,

    I came to US on H4 in 2013, applied for H1 in 2014, was approved till 2017 and have been working from Oct 2014. My first job was in East Coast and upon project completion, i got another one in CA and moved there.

    My H1 has been given for amendment on August 5th at California center and is still in Case Received status. I have plans to visit India by March end and it is something i cannot avoid.

    Off late since many of them are getting RFE while applying for premium , i am skeptical to do that. My employer suggested to wait till Feb 10th and then apply for premium amendment.

    Can i go to India, in case my amendment is still in process and i only have the receipt and carry my old approved I-797?

    Also, since this being a clear case of status change, will there be any hurdle in getting visa stamped? I hardly found any cases of successful H4 to H1 stampings. (Yes, i have all valid documents required.)

    Thank you. Expecting some replies.
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