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  • Urgent : Travel during H1B amendment is in process

    Hello All,

    My H1 was filled for client A and I came to US for a different client (Client B) before an year with newly filled LCA. Following that my employer filled H1B Amendment which is still in process. (Shows case is received in USCIS website).

    I have an urgent need to travel to my home country for two weeks (during Aug end).

    1) Can I travel back to US only with my amendment receipt. I have valid visa stamped in my passport till July 2016. Am worried that whether i'll be having any problems in Port of Entry.
    2) Is there anything that I need to take care while returning to US.
    3) I don't need to go for stamping - Please confirm this too.

    Thanks for your reply in advance.

    Regards,
    Anankar

  • #2
    No need to go for visa stamping. You are allowed to return back using the previous approval notice (Since you did not change employers) provided you carry a copy of the H1B amendment receipt notice. However, it is advisable to travel back after you receive the amendment approved to avoid any issues at the POE even though the percentage of a problem due to this cause is very less.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Deport possible?

      Originally posted by shervin143 View Post
      No need to go for visa stamping. You are allowed to return back using the previous approval notice (Since you did not change employers) provided you carry a copy of the H1B amendment receipt notice. However, it is advisable to travel back after you receive the amendment approved to avoid any issues at the POE even though the percentage of a problem due to this cause is very less.
      Thanks Shervin for your quick response. But i cannot wait till i get my amendment approved. Do you see any worst possibility that it'll go upto Deporting?

      Comment


      • #4
        Since the amendment is already filed, there won't be any issues. Carry your H1B amendment receipt notice. Also, get a letter from your employer explaining that the amendment is already filed and is pending.

        Originally posted by anankar View Post
        Thanks Shervin for your quick response. But i cannot wait till i get my amendment approved. Do you see any worst possibility that it'll go upto Deporting?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Amendment : Confusion Resolved

          Originally posted by shervin143 View Post
          Since the amendment is already filed, there won't be any issues. Carry your H1B amendment receipt notice. Also, get a letter from your employer explaining that the amendment is already filed and is pending.
          Thanks for your response shervin. Gave me peace of mind.

          Comment


          • #6
            Travel while amendment is in process

            Hello Anankar,

            I am in the same situation now and it is very very urgent to know how you have managed this situation. Please let me know if you were able to travel out of the country while your amendment petition was in progress. If so, what are all the documents that you have carried.

            Thanks,
            Kgdesi

            Comment


            • #7
              Travel while amendment is in process

              Originally posted by anankar View Post
              Hello All,

              My H1 was filled for client A and I came to US for a different client (Client B) before an year with newly filled LCA. Following that my employer filled H1B Amendment which is still in process. (Shows case is received in USCIS website).

              I have an urgent need to travel to my home country for two weeks (during Aug end).

              1) Can I travel back to US only with my amendment receipt. I have valid visa stamped in my passport till July 2016. Am worried that whether i'll be having any problems in Port of Entry.
              2) Is there anything that I need to take care while returning to US.
              3) I don't need to go for stamping - Please confirm this too.

              Thanks for your reply in advance.

              Regards,
              Anankar
              Hello Anankar/kgdesi,

              I am also in same situation. Did you faced any issues during POE.

              Comment


              • #8
                Can you update if you had any issues

                Originally posted by anankar View Post
                Thanks for your response shervin. Gave me peace of mind.
                Hi ,

                M status is same as yours, did u had any problem while entering states?

                It would be helpful if you can share.

                Thanks

                Comment


                • #9
                  Did it go well?

                  Did all of you who traveled, were able to return without any issue?

                  Comment


                  • #10
                    HI Amendment Query

                    Hi All,

                    I got selected in last year slot, my Visa Stamping is not yet done [First Time Travelling to US] but my company have raised the amendment request on Dec 2015.
                    I want to know Can I do my Visa Stamping in the middle of Amendment because it will take another 3-4 months to complete the amendment ,
                    so thought to get it done in the middle. Please suggest.

                    Comment


                    • #11
                      Not advisable. There is a reason why amendment is filed. You need the amended approval notice to appear for the visa interview. If you are in a hurry, then upgrade the amendment to premium and get the decision within 15 days.

                      Originally posted by rkohli45 View Post
                      Hi All,

                      I got selected in last year slot, my Visa Stamping is not yet done [First Time Travelling to US] but my company have raised the amendment request on Dec 2015.
                      I want to know Can I do my Visa Stamping in the middle of Amendment because it will take another 3-4 months to complete the amendment ,
                      so thought to get it done in the middle. Please suggest.
                      Not a legal advice. Use of this information is strictly at your own risk.

                      Comment


                      • #12
                        Anankar did you face any issues at PoE?

                        Originally posted by anankar View Post
                        Hello All,

                        My H1 was filled for client A and I came to US for a different client (Client B) before an year with newly filled LCA. Following that my employer filled H1B Amendment which is still in process. (Shows case is received in USCIS website).

                        I have an urgent need to travel to my home country for two weeks (during Aug end).

                        1) Can I travel back to US only with my amendment receipt. I have valid visa stamped in my passport till July 2016. Am worried that whether i'll be having any problems in Port of Entry.
                        2) Is there anything that I need to take care while returning to US.
                        3) I don't need to go for stamping - Please confirm this too.

                        Thanks for your reply in advance.

                        Regards,
                        Anankar
                        Anankar - are you back? did you face any issues at the PoE due to filed amendment?

                        Comment


                        • #13
                          Traveled outside of USA while amendment is in process

                          Originally posted by H1bSK View Post
                          Anankar - are you back? did you face any issues at the PoE due to filed amendment?
                          I travelled outside USA and return back with NO issues. You need to have a stamped VISA.

                          Comment


                          • #14
                            Problem during POE

                            Originally posted by H1bSK View Post
                            Anankar - are you back? did you face any issues at the PoE due to filed amendment?
                            Mine was same case i recently traveled back didn't had any problem at POE. But would suggest during stay in India, keep checking the amendment receipt status, as if it gets approved at the time you are in India you have to get stamping done for that new petition number. If it remains in recieved you should be good.

                            Comment


                            • #15
                              I travelled to India with my amendment pending. Went for stamping .Got stamping approved and then traveled back to USA still with amendment pending without any problems at POE.

                              Comment

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