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  • H1 B Amendment & travel

    Hi All,

    I work for a software consulting firm and my company has clients all over the US. My petition for H1 B extension was approved during November 2009. All documents for the petition was filed based on my project and client location at that time.

    I moved to another client project after my H1 B extension was approved. Now after more than 6 months of approving my petition, USCIS had visited my previous client location in which I was working while my H1 B extension was applied. They obviously could not locate me there because my company placed me on another project.

    Now my company has been advised by the attorney to file an H1 B amendment for me for the new client location. Under the current scenario I have the following questions. I would truly appreciate if someone could share their similar experiences and also the legal experts to give the suggestions.

    1) I will have to travel to India in a couple of months. Will you advise travelling to India while the H1 B amendment is still in process?
    2) I will have to get my visa stamped while I go to India since my old visa is expired. So can I travel with my current approved I 797 or does it become void because we file for an amendment?
    3) Do we get a new I 797 and new I 94 once the amendment is approved?
    4) How long does the H1 B amendment process take? Can we do premium processing?

    I am really confused and worried. Since I have an impending travel outside the US, I want to make sure I take the right steps.

    Please help!! Thanks so much in advance!!

  • #2
    1) I will have to travel to India in a couple of months. Will you advise travelling to India while the H1 B amendment is still in process?
    >>> Not advisable to travel when the petition is in process with USCIS.

    2) I will have to get my visa stamped while I go to India since my old visa is expired. So can I travel with my current approved I 797 or does it become void because we file for an amendment?
    >>> You will need the latest approval notice and LCA for the new location when you go for stamping.

    3) Do we get a new I 797 and new I 94 once the amendment is approved?
    >>> Yes.

    4) How long does the H1 B amendment process take? Can we do premium processing?
    >>> 2-3 months by normal process and 15 days by premium.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks so much for your response Shrevin143! very much appreciated!!

      My employer says that the H1B amendment cannot be done by premium processing. I am not sure how far that is true. Did any rules change recently? Have anyone of you filed H1 B amendment by premium processing and got the review/response/results within 15 days?

      Also I am told that the H1 B amendment process requires as much scrutiny as a new H1b or an H1b extension. Is that true? Can anyone share their H1b amendment experience/advice?

      Thanks as usual!! This forum is so great and very useful!

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      • #4
        Hey H1 Ammendment also has premium process available.
        Since I am applying for my self. and my attroney said they can do it.

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