h1b amendment + India Travel

[engee_works]

Greeting Dear Members

I work in EVC model for a fortune 50 client as a programmer analysts

 

I have been working for same employer since April 2013 and same prime vendor.

Dec 2014 i had my h1b stamping approved in Canada with visa valid on passport till Sept 2016.

 

In February 2015 after my visa was approved, i changed my end client and moved to a different state but continued to work for same employer and same prime vendor

 

In Januray 2016 i need to visit India for a social function.

I have requested a client letter from my current client and my employer will be amending my existing h1b petition

 

However there is less than 6 weeks to go till my intended date of travel

 

SO my question is, can i still travel as long as my employer has amended the petition which may not be approved by USCIS or do i need to have my amendment approved at all costs before i can travel?

 

The answer to this question will determine do i need to go for premium processing or normal

 

Thank you

Best Regards

Axg

 

[jairichi]

You can travel to India when your amendment is in process. To travel back to US you need amendment approval.

[blackknight]

Axg,

 

First of all my rule of thumb for traveling outside of the US on H1B visa. It doesn't holds for you though as you have stamping till Sep 2016.

1. Do you have emergency that you need to go out of the country? If yes, then go for it. Otherwise, think twice. Even FTE are screwed big time if their luck has gone on vacation too. Consultants are more at risk because if they are stuck in India, project will be gone. So think about it.

2. If you still want to go, go for it. I have done it many times. I don't listen to myself and got into trouble so listen up :-) Then make sure that you have your worst case scenario prepared. i) do you have friends that can take care of stuff if you are stuck in India forever? ii) Do you have backup plan, what you gonna do?

 

Now, back to your question -

Disclaimer: I am not a lawyer nor as experienced as Rahul412, Jairichi and JoeF. So this is just my opinion -

1. You MUST have the amended petition approved with you. You never know what those CBP officer at your POE going to ask. Don't take any chances.

2. Premium processing will be the right way to go. You will lose 1K but hey you can make it in a week or less, right? Better safe than sorry :-)

[engee_works]

Thank you Dear members @Jairichi @Blacknight