Regd. Advice on Vacation to India << H1B Amendment in Progress >>

[avi1983jit]

Please advise, whether I can plan for a vacation to India and my H1-B Stamping can be processed using my approved Extension Petition and Amendment Receipt Notice, Certified LCA as per the below details -

# My H1B Visa (along with I-94) was expired back on SEPTEMBER-2015 and I had applied for H1-B Extension.
# I-94 got extended till AUGUST-2017. I have the 'Approved Petition' with me (Location as Simi Valley, CA).
# A separate H1B Amendment has been filed with USCIS for Woodland Hills, CA location on JANUARY-2016. This is still under process and NOT yet approved.
# I have the Certified LCA for Woodland Hills and the H1-B Amendment Application Receipt Notice.
# I need to go for 'H1B Visa Stamping', once I go on vacation, as my stamped Visa was valid till SEPTEMBER-2015.

Please confirm; whether I can plan for a vacation in the interim period (before H1B Amendment gets approved), with the H1B Amendment Receipt Notice & Certified LCA for Woodland Hills, Approved Petition for Simi Valley Or I need to wait till I receive the Approved Petition for the H1B Amendment.

[avi1983jit]

Any advice?

Any advice?

[raghvi]

Please advise, whether I can plan for a vacation to India and my H1-B Stamping can be processed using my approved Extension Petition and Amendment Receipt Notice, Certified LCA as per the below details -

# My H1B Visa (along with I-94) was expired back on SEPTEMBER-2015 and I had applied for H1-B Extension.
# I-94 got extended till AUGUST-2017. I have the 'Approved Petition' with me (Location as Simi Valley, CA).
# A separate H1B Amendment has been filed with USCIS for Woodland Hills, CA location on JANUARY-2016. This is still under process and NOT yet approved.
# I have the Certified LCA for Woodland Hills and the H1-B Amendment Application Receipt Notice.
# I need to go for 'H1B Visa Stamping', once I go on vacation, as my stamped Visa was valid till SEPTEMBER-2015.

Please confirm; whether I can plan for a vacation in the interim period (before H1B Amendment gets approved), with the H1B Amendment Receipt Notice & Certified LCA for Woodland Hills, Approved Petition for Simi Valley Or I need to wait till I receive the Approved Petition for the H1B Amendment.

As for applying for vacation, yes you can if your HR policy allows, but you should not be attending visa interview without getting the amendment approved first. Weigh your options, if at time of vacation and before visa interview you would receive approval notice then good, otherwise you risking spending more time than intended, outside US.

This is my opinion not legal advice.

[avi1983jit]

As for applying for vacation, yes you can if your HR policy allows, but you should not be attending visa interview without getting the amendment approved first. Weigh your options, if at time of vacation and before visa interview you would receive approval notice then good, otherwise you risking spending more time than intended, outside US.

This is my opinion not legal advice.

Thanks for your advice.