Amendment - Approved but received I-797C

[dilipraghavendra]

Hi,

 

I came to USA through Employer A on H1B visa in 2012 and I have a stamped visa valid till Sep-2015. In Jan-2014, I changed to Employer B and got new I-797A till May-2016. Due to the change of client, amendment was applied in Jan-2015. Then RFE was issued and my employer B answered it in April-2015. When i saw the status in USCIS for this case number, the status was "Approved". But yesterday we got a softcopy of the approval from USCIS having I-797C. Below message is shown on I-797C.

 

"This petition has been approved for the classification requested. It has been determined that the named worker(s) are not eligible for the requested change of status. You will receive a separate notice explaining the reasons for this determination. Even though the named worker(s) are ineligible for a change of status, they may depart the United States and apply for the proper visa at a consulate abroad."

 

My question is as my visa is valid till Sep-2015 (with Employer-A),  can i use the same visa if i depart and arrive to USA or do i need to go to stamping again?

If I can use my current valid visa, is there any problem at immigration in the return?

Please advise asap.

 

Thanks in advance.

 

[jairichi]

A very good decision by USCIS by not providing I94 with I797 for filing amendment months after changes in H1B petition. Yes, you can exit and enter US with your valid H1B visa and new I797.