Travel to India while H1B amendment is under processing

[vknalla]

Hello, 
I've an approved H1 from last year which is valid until end of 2016. I recently changed projects so my employer filed for an amendment but I've to travel to India in 2 weeks and scheduled my stamping in Hyderbad accordingly using my current H1B. Unfortunately I got a RFE on my H1B amendment. I did send all the documents requested by employer and employer is working on all the other documents requested in the RFE. Employer is asking me not to leave the country before USCIS makes a decision on my H1B amendment else they would assume that I abondoned the application and left the country. Can anyone please shed some light on how true is that. The situation I'm in, I cannot postpone my trip. Will there be any issue if I attend the stamping interview with my original H1B while amendment is under processing? Kindly let me know. I filed my amendment in Premium processing. 

Thanks

 

 

 

[jairichi]

You can travel. But, for visa interview and travel back to US you need I797 of amended H1B petition.

[anjanan]

Hi Vknalla,

 

You can travel to India. I did travel start of this year. I didn't get any issue. Also take suggestions from Sr forum members as well...

[Uzman]

** You can expedite your case by paying premium processing fee, Hope you will get it in a week.

[jairichi]

** You can expedite your case by paying premium processing fee, Hope you will get it in a week.

It is filed in PP.

[vknalla]

Thank you for suggestions.

Anjanan: You said you traveled start of this year so did you have to attend visa interview? Problem is my visa stamping is not valid so I've to get it done in India. So I guess I can travel but get the stamping done on amended I797. 

Also it would be helpful if any senior member sheds some light on this issue.

 

Thanks

[jairichi]

Thank you for suggestions.

Anjanan: You said you traveled start of this year so did you have to attend visa interview? Problem is my visa stamping is not valid so I've to get it done in India. So I guess I can travel but get the stamping done on amended I797. 

Also it would be helpful if any senior member sheds some light on this issue.

 

Thanks

As informed in my earliest response your amendment needs to be approved for you to go for visa stamping and also to enter US.

[neerajonsky@gmail.com]

I have Same kind of situation. Can I visit  to India ?

 

 

My H1B Amendment ( NOT EXTENSION ) applied on 7th August 2015 . I got a RFE on my H1B amendment on 14th March 2016. I have to reply for RFE by 25th May 2016. 

I am planning to visit India on 15th April for my brother’s marriage and coming back 6th May 2016. I have H1B petition and visa stamping till 10th Nov 2016 on my passport. 

Can I visit to India and reply for RFE after that ?

[harsha_as]

I am in the same position. I have H1B extended for one year and since I have changed the client I have applied for amendment. And I see that I got an RFE for the Amendment. I have a VISA Interview in another two days. Could you please let me know if this is a concern. And what happened to you people.