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immiqueshelp

H1B Visa Staming with amendment in process and RFE

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Hi,

I have travel plans to India this month end and also have to get my stamping done. But below is my situation

I got my H1 B extended till June 2018 filed when i was working with Client A.I moved to Client B in August 2015 and got amended till September 2017. I filed another amendment with Client C in August 2016  and it is still in process. I have converted this to premium beginning of this month and received an RFE(employee employer relationship, vendor and Client relationship, maintenance of my status when petition was filed) last week.

I have already scheduled my travel which i cannot avoid. I have requested my attorney to respond back to RFE which would take time and would not be possible before i travel to India.So, Below are my questions

Can i travel to India and attend Visa stamping with my actual H1 B that is valid till june 2018?  As per my attorney  this can be done and need not to be a worry. But i have read lot of negative experiences and would like to know if anybody have faced similar situations.

Would this scenario cause an issue at POE ?

Experts, Please kindly provide your valuable advice's in this scenario. Thanks in Advance!

 

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On 3/22/2017 at 7:55 PM, immiqueshelp said:

Hi,

I have travel plans to India this month end and also have to get my stamping done. But below is my situation

I got my H1 B extended till June 2018 filed when i was working with Client A.I moved to Client B in August 2015 and got amended till September 2017. I filed another amendment with Client C in August 2016  and it is still in process. I have converted this to premium beginning of this month and received an RFE(employee employer relationship, vendor and Client relationship, maintenance of my status when petition was filed) last week.

I have already scheduled my travel which i cannot avoid. I have requested my attorney to respond back to RFE which would take time and would not be possible before i travel to India.So, Below are my questions

Can i travel to India and attend Visa stamping with my actual H1 B that is valid till june 2018?  As per my attorney  this can be done and need not to be a worry. But i have read lot of negative experiences and would like to know if anybody have faced similar situations.

Would this scenario cause an issue at POE ?

Experts, Please kindly provide your valuable advice's in this scenario. Thanks in Advance!

 

Better wait for the amendment to be approved before you go for stamping or else it will create confusion at the visa interview for the visa officer and he might give a 221G if he does not understand properly.

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The short answer is "No". Since you no longer work for that client, you cannot submit that petition for stamping. I would suggest you to at least wait till your amendment is approved. You just need the copy of the approval. 

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