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h1bylaw

H1B amendment is denied when out of country

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Hi, I am in India for vacation and my H1B amendment with Client ABC is denied. My H1B is valid till Nov 2019 and I have visa stamped till nov 2019. Can I come back without filing a new amendment or will there be an issue in port of entry.

 

Thanks

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Hi,

Even though your location/client change H1-B visa amendment got denied, you can still travel as long as you have valid I-797. The good part is, that you already have H1-B visa stamped on your passsport. The ONLY condition is, that at the US port of entry, you will have to show or prove that you are working at the same location and client as mentioned when filing your I-797 originally. You may get lucky if the immigration officer skips this question.

Consult your company HR and attorney folks. All the best. 

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