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sat2356

Weird H1B case

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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.

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Please check with your attorney regarding your travel, there are some restrictions w.r.t travel while your application is pending with USCIS.

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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. 

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