LCA changed but H1 not Amended

[green.ark]

Hi,

I would like to breifly explain my current status: My H1B (and I-94) will be expiring on 30-Sept-2014. My passport was expired in May 2014 and I have applied and received a new passport. My employer has filed for an extension and I am waiting on the result of the same. Once I get the approval notice of the extension(and the new I-94), I and my wife(H4) are planning to travel to India in 3rd week of August 2014 and return to US in the second week of Sept 2014.

I have the following questions regarding the same:

1)My work location has changed in April 2013. My employer has updated the LCA but H1 is NOT amended. Will this be an issue at PoE when I return to US? If so, what should I be doing to avoid this problem?

2) Do we have to go for a stamping in India as I will be having a approval copy of my extension (even though we have a valid visa and we will be returning US before the visa expires)?

3) Do we have to go for a stamping in India as my old passport has the H1 visa and not the new one (Is this more applicable because I will be having the H1 ext approval)?

4) Which I-94 will we be submiting while departing to India?

5) When we return to US, at PoE what will be the validity of my new I-94? What if we are given a I-94 valid only untill 30-Sept-2014; can we apply for I-94 extension after entering to US?

It would be great if anyone can address these concerns, please!

Many Thanks!

[green.ark]

Hi All,

This is a bit urgent and important for me as the dates are approaching. It would be great if someone can throw some light on these issues of mine.

Many Thanks in advance!

[raghvi]

Hi All,

This is a bit urgent and important for me as the dates are approaching. It would be great if someone can throw some light on these issues of mine.

Many Thanks in advance!

Surprising that your I-94 was granted beyond your passport expiry.

1. It generally is not an issue at POE but if there is an inspection at your old job location then it could be an issue. As LCA and petition are handled by different departments, its always recommended to be proactive and file H1 amendment with every LCA, rather than depending upon DOL and USCIS to communicate internally.

2. You dont need to go for stamping as long as you planning to travel back into US before 30-Sep-2014.

3. You dont have to as long as your H1 is valid, you have to travel with both the passports.

4. All I-94s have to be submitted upon exit.

5. It depends upon the officer, recent trend has been to grant I-94 only till visa expiry, whether you have approval in hand or not. If I-94 granted only till 30-Sep-2014, use form I539 to apply for extension.

This is my opinion not legal advice.

[green.ark]

Surprising that your I-94 was granted beyond your passport expiry.

1. It generally is not an issue at POE but if there is an inspection at your old job location then it could be an issue. As LCA and petition are handled by different departments, its always recommended to be proactive and file H1 amendment with every LCA, rather than depending upon DOL and USCIS to communicate internally.

2. You dont need to go for stamping as long as you planning to travel back into US before 30-Sep-2014.

3. You dont have to as long as your H1 is valid, you have to travel with both the passports.

4. All I-94s have to be submitted upon exit.

5. It depends upon the officer, recent trend has been to grant I-94 only till visa expiry, whether you have approval in hand or not. If I-94 granted only till 30-Sep-2014, use form I539 to apply for extension.

This is my opinion not legal advice.

Thanks Raghvi!! Your inputs were very helpful!

You advised to file I539 after coming back to US. Is this same as filing the extension again which includes all the process of H1 extension? If so, it may happen that I may not get an extension even beyond 30-Sept-2014 even if I file PP. What should I be doing in that case? Please advice as my trip to India depends a lot on what could happen after that.

Many thanks!

[green.ark]

Hi All,

Can anyone of you please address my concern above. I will be glad to get these answered as my travel dates are near approaching and I need to decide whether or not to travel based on these issues.

Many thanks!!

[raghvi]

Hi All,

Can anyone of you please address my concern above. I will be glad to get these answered as my travel dates are near approaching and I need to decide whether or not to travel based on these issues.

Many thanks!!

It is not advisable to mix extension/change along with a travel outside the country.

If you come back Second Week of Sep 2014 , and get an I-94 only till 30-Sep-2014, then even if your extension is approved, due to last action rule upon return. you will need to file I539 to extend status, yes I129 would have to filed again along with I129.

The only way to have the highest chances of getting I-94 till new petition expiry date is to get new petition approval in hand before travel start date, by applying for extension in a timely manner and upgrading to premium if limited time, and then using that petition to go for stamping and getting new visa.

Now,I dont think you or your employer are mentally prepared to either upgrade to premium in such a short notice, or to go for stamping during your trip.

This is my opinion not legal advice.

[green.ark]

It is not advisable to mix extension/change along with a travel outside the country.

If you come back Second Week of Sep 2014 , and get an I-94 only till 30-Sep-2014, then even if your extension is approved, due to last action rule upon return. you will need to file I539 to extend status, yes I129 would have to filed again along with I129.

The only way to have the highest chances of getting I-94 till new petition expiry date is to get new petition approval in hand before travel start date, by applying for extension in a timely manner and upgrading to premium if limited time, and then using that petition to go for stamping and getting new visa.

Now,I dont think you or your employer are mentally prepared to either upgrade to premium in such a short notice, or to go for stamping during your trip.

This is my opinion not legal advice.

Thanks again raghvi! My extension application is already a PP; my concern was should I reapply (in PP again) after coming back and I think you answered "Yes". Your inputs are much appreciated!

[green.ark]

Thanks again raghvi! My extension application is already a PP; my concern was should I reapply (in PP again) after coming back and I think you answered "Yes". Your inputs are much appreciated!

Hi,

My H1 extension is approved (PP). And I am planning to travel India and return before my current visa expires in Sept 2014. On my return at PoE if I show new i797 as a proof that I got the H1 extension (in case if they ask for) then will it be an issue as my H1 is not amended (the client location has changed last year; LCA is updated the current i797 has my old work location)?

[raghvi]

No one can predict, as various departments; CBP, USCIS, DOL, DHS, are involved here and I don't think they all share a common database as of yet. Worst case, as I pointed out, they will give you I-94 only till 30-Sep-2014.

This is my opinion not legal advice.

[green.ark]

Thank you raghvi for your time and response!

I have booked my tickets for this month and flying thru Dubai and returning the same route. I hope my two week visa and 3yr extension will not be an issue in UAE and US.

Many Thanks!