Stamping with older H1 after withdrawal of h1 amendment

[santhosh29]

Hi, Can someone please clarify and help here? I was working for client A from my employer and H1 is approved till aug 2023. [ FYI - Today - 9/29/2021]. As my project was over, I moved to a new client B with same employer and they filed a H1 amendment which is still in pending. Now, I want to move to Client A back and my employer said, they can just revoke the H1 amendment so that, previously approved H1 [till 2023] becomes effective, and I can start work on Client A.

Meanwhile, I want to visit India now and come back to start work on client A and I need to get stamping to come back. My employer is saying as they are withdrawing the H1 amendment, I can get the stamping in a week from now, based on the approved H1 petition.

Do you see any issue here?

[rkk09]

Hi,
I dont find any issues here. Since you are going to withdraw pending Amendment petition and you will back to previously approved H1B LCA location, you are good to go. Just carry all necessary documents when you go for visa stamping.
All the best.
Thanks

[santhosh29]

Thanks much for the reply. I have seen online that withdrawal status update in USCIS portal takes time to reflect. My concern is - do I have to wait for USCIS to acknowledge/reflect the status in their tool before I go for stamping with already approved petition.? Or, I can go for stamping just after the withdrawal request is submitted by employer to USCIS..

[rkk09]

Hi,
Here is my response.
Do I have to wait for USCIS to acknowledge/reflect the status in their tool before I go for stamping with already approved petition.?
Answer: This will be suggestable way. As you mentioned, Withdrawal request will be considered sometimes bit delay. To avoid all of issues, Once your Employer receives withdrawal confirmation then you can go for stamping with the help of current H1B approval documentation.
Or, I can go for stamping just after the withdrawal request is submitted by employer to USCIS?
Answer: You can. But sometimes, When officer checks your record, If you have two active cases might raise some additional questions. To avoid all of these things, my recommendation is, Once you get notification as withdrawal been accepted then proceed ahead.
Thanks