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Do H1B Amendments ever force candidate to re-enter USA?

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  • Do H1B Amendments ever force candidate to re-enter USA?

    Hello all:


    I understand that currently, due to the recent executive order, leaving USA and re-entering is not recommended, especially since I will be needing a H1b visa stamp for re-entering. My current stamp is of F1 class.

    Currently, I am looking forward to filing an H1b amendment for an in-line promotion (similar role, just an increase in seniority). I want to understand if there is any possible situation where an H1b amendment petition like such might force me to exit USA and re-enter? If yes, is there any specific request/direction that I should provide to my company's legal team to file my petition in a certain way to avoid this?

    For example, I know that when you transfer from F1 to H1b status, and if the petition is filed as 'consular notification' (and not as 'change of status'), then you are forced to leave USA, visit a consulate and re-enter.

    Please help guide me - Thank you.


  • #2
    You do not need an amendment if the role is similar and only title change (no new / additional direct reports, no location change, etc)
    Opinion only. Cannot be construed as legal advice.

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    • #3
      Originally posted by R78 View Post
      You do not need an amendment if the role is similar and only title change (no new / additional direct reports, no location change, etc)
      Hi R78, My HR dept. has a standard rule to file for H1b Amendment for any and every promotion. So, I am forced to file for an amendment in order to accept the promotion.

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      • #4
        As long as you have not violated the terms of a visa or have other issues, you should receive the 797 with I-94
        Opinion only. Cannot be construed as legal advice.

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