Do H1b amendments ever force candidate to re-enter USA


A4PP

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Hello all:

I understand that currently, due to the recent executive order, leaving USA and re-entering is not recommended, especially since I will be needing a H1b visa stamp for re-entering. My current stamp is of F1 class. 

Currently, I am looking forward to filing an H1b amendment for an in-line promotion (similar role, just an increase in seniority). I want to understand if there is any possible situation where an H1b amendment petition like such might force me to exit USA and re-enter? If yes, is there any specific request/direction that I should provide to my company's legal team to file my petition in a certain way to avoid this?

For example, I know that when you transfer from F1 to H1b status, and if the petition is filed as 'consular notification' (and not as 'change of status'), then you are forced to leave USA, visit a consulate and re-enter.

Please help guide me -  Thank you.

 

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10 hours ago, User099 said:

Your Legal team should be filing H1 as Amendment and extension of stay and not as a consular processing case. 

is there a 'proper legal term' for this type of H1b amendment, that I can convey to my legal team? And does it ever require anyone to leave the USA?

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