sat2356 Posted December 8, 2020 Report Share Posted December 8, 2020 Hi, here is my h1b case scenario I am a FT employee. 1. In July, H1b extension approved for 3 years with company A and received i797 2. In Sep, applied for H1b amendment applied for transfer to sister company B 3. In Oct first week, online status showed as approved and received email confirmation with approval for 3years with company B. 4. Still after 2 months of approval, we didn't receive I797 for company B 5. Yesterday, fragomen confirmed USCIS reopened the case with RFE while they have not updated the online case. 6. RFE is opened for specialty occupation, not sure how did company A's is approved since both company A&B share same position So now, with company A's approved I797 can i go for visa stamping while company B's is in pending RFE status? If i plans to go for visa stamping, i believe fragomen will not submit response to company B's RFE, until i come back to USA with stamping done. please advise whether it is wise to go to stamping with company A's approved I797 while company B's is in pending RFE status. Quote Link to comment
lovely Posted December 10, 2020 Report Share Posted December 10, 2020 Please check with your attorney regarding your travel, there are some restrictions w.r.t travel while your application is pending with USCIS. Quote Link to comment
Zodiac System Posted December 11, 2020 Report Share Posted December 11, 2020 Your I-94 number will change, once you enter back after stamping. Quote Link to comment
cap-gap Posted December 14, 2020 Report Share Posted December 14, 2020 USCIS has been issuing NOIR even on already approved petitions so it is not that strange that an Amendment triggered an RFE. if you have already started working for B, then it is risky to go for stamping on A’s 797 at this time. Quote Link to comment
gopalakrishnach Posted December 15, 2020 Report Share Posted December 15, 2020 So now, with company A's approved I797 can i go for visa stamping while company B's is in pending RFE status? --- RISKY... Quote Link to comment
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