H1B Amendment queries for travel

[nareshgaj]

Hi,

I came to US on H1B for first time in March 2014 with ABC company and visa validity upto Jan 2015. But in between I changed the employer (XYZ) in Nov 2014 by H1B transfer.
Got the new extension I797 from Nov 2014 to Sep 2016 from XYZ company on transfer. My work location and LCA details are matched so I worked for 10 months in YYYY location smoothly.
Now, I need to move to different location in same state in US with under same employer(XYZ). For that, they started processing H1B Amendment petition under premium with USICS. Due to emergency I need to travel india for two to three weeks.

Queries:
1. Can I travel to india on Amendment receipt notice?
2. Suppose If I traveled to india on Amendment receipt, still Amendment request will be in processing state or hold?
3**. Suppose Amendment petition processed and got approved when I m in india. Will i get new I797 for Visa stamping?
4. As I said earlier, my stamped visa got expired on Jan 2015. I know need to go for visa stamping? and how abt visa stamping on Amendment receipt?
5. Please tell me complete details when to travel and if i m already traveled to india on amendment petition receipt notice?

[shervin143]

1. Can I travel to india on Amendment receipt notice?
>>> As long as the amendment is only for the location change, you can travel. If the amendment is filed with an extension, then it is not advisable to travel.

2. Suppose If I traveled to india on Amendment receipt, still Amendment request will be in processing state or hold?
>>> Amendment will through.

3**. Suppose Amendment petition processed and got approved when I m in india. Will i get new I797 for Visa stamping?
>>> Yes.

4. As I said earlier, my stamped visa got expired on Jan 2015. I know need to go for visa stamping? and how abt visa stamping on Amendment receipt?
>>> You can do that, but not advisable. Better to go with the amended petition.

5. Please tell me complete details when to travel and if i m already traveled to india on amendment petition receipt notice?
>>> YOu can travel. But advisable to go for visa stamping and to return after getting the approval. You are allowed to attend the visa stamping with the receipt notice and you are allowed to travel back with the receipt notice as long as you have a valid H1B approval notice for the same employer, but it is not advisable if you want to avoid even the slightest change of any issues.