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Skumar8692

H1B Visa and I94 valid, I797 amendment expired - Can I travel

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Hello Experts,

I am facing a conflict situation. Earlier I have stayed on L1 B for almost 5 years. I got my new H1B approved with I797 xyz in 2016. Got stamped visa on passport and got the validity till Aug 2019. Later on the same year 2016, company identified a mistake in address location in LCA, and filed H1 amendement I797 abc and this was valid only for one year until Nov 2017. I moved back to India in Dec 2016 due to six year term max out period to avoid issues. My comany filed PERM & I140 and got approved by Nov 2018.

Now I have been getting ready to move back to US since I140 approved, valid visa and I 94 available till Aug 2019. My old original petition I797 xyz got validity till Aug 2019. But the amedment I797 abc was expired in Nov 2017. I was in assumption that I can able to travel. To my surprise my  company internal immigration team stopping me not to travel. And they asking me to wait till a new amendment I797 xzx has to filed to extend I797 abc. 

Please suggest me whether I can able to travel to US with my valid I94, valid visa, old I797 and approved I140? Do I really need amendment here? Looks like premium processing is available from Feb 19. 

Thanks,

Kumar

 

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Hi Kumar,

Your old I-797 xyz is still valid. Although, this Validity reflects that your previous job, on which this I-797 was approved, is still valid. You will be in better place if you could get a job with the same previous end-client on the same location. 

All the best.

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Hi Ibrahim,

Thanks for the reply. Fortunately I am staying with same client. But the work location is changed recently. However the old petition has two locations mentioned. Can I go to a different location (that is mentioned  in I797) than where I worked previously. Does this not required any amendment? Please suggest.

Thanks,

Kumar.

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