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H1B amendment is still pending, travelling to india, LCA has two address

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  • H1B amendment is still pending, travelling to india, LCA has two address

    Hello All

    I recently moved to a new client at a different location. I have a valid visa till Dec 2016 and am travelling to go to India in Nov last week. My company is filing -
    (i) new LCA with two address - first address is new location and second address is my old location as I will be returning back to old location after I come from India.
    (ii) H1B amendment in regular processing

    My questions are -
    (i) Can I return to USA in Dec even if my H1B amendment is still in processing stage?. I will have the amendment receipt number with me.
    (ii) Will my I-94 be valid as it should be generated based on I-797 which I will still not get as my amendment will be in processing stage?
    (ii) From January, I will be moving to my old location (included in LCA) and will there be any problem if my amendment is not approved yet.

    Thanking You

  • #2
    Any reply please?

    Comment


    • #3
      Is the employer just filing the amendment for the work address change or they also requesting an extension as a part of the amendment? If they are also requesting an extension, then you are not supposed to travel when the petition is pending with USCIS. If not, you are okay to travel with the existing approval notice and a copy of the receipt notice. Also, carry a copy of the newly filed LCA.

      Originally posted by sandeep424 View Post
      Hello All

      I recently moved to a new client at a different location. I have a valid visa till Dec 2016 and am travelling to go to India in Nov last week. My company is filing -
      (i) new LCA with two address - first address is new location and second address is my old location as I will be returning back to old location after I come from India.
      (ii) H1B amendment in regular processing

      My questions are -
      (i) Can I return to USA in Dec even if my H1B amendment is still in processing stage?. I will have the amendment receipt number with me.
      (ii) Will my I-94 be valid as it should be generated based on I-797 which I will still not get as my amendment will be in processing stage?
      (ii) From January, I will be moving to my old location (included in LCA) and will there be any problem if my amendment is not approved yet.

      Thanking You
      Last edited by shervin143; 10-21-2015, 07:48 PM.
      Not a legal advice. Use of this information is strictly at your own risk.

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