H1B VISA stamping when waiting for amendment approval


Recommended Posts

Dear Attorney(s),

Here is my situation. My H-1B extension approved till June 2021 and my I-94 is valid up to Jul 2021. I was working in NC and needed to move to NY due to project change. Amendment filed, got RFE in Mar 2019 and then our company's attorney team filed response sometime on Apr 2019 and still waiting for USCIS response. Meanwhile, my current project contract is also closed and again got another project, need to move to another state and of course company will file another amendment in Aug 2019. In these layers of amendment scenarios, I have to go to India for 3 weeks in Dec 2019 for some important family event (it's been 4 years I did not go to India)

As I have to get consulate appointment well in advance for me and my wife, I have the following questions:

1. Firstly, is that advisable to plan my India visit before having approved amendment petition (mainly for very latest one) as I have valid I-94 till July 2021?

2. Assume, I go to India on Dec 2019 without having approved amendment petition, are there any chances of getting denial for our visa stamping due to amendment petitions?

3. Or as per current situation, do we have possibilities to file new amendment in Premium processing? So that I can get result in two weeks and then I can go to India with good level of confidence for getting visa stamping.

Please advice what would be best course of action that I can take in this scenario.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...