Travel to India while H1B amendment is under processing

[kgdesi]

Hello experts,

 

I have H1B visa stamping valid till 2018(visa stamping done early this year). Recently i have got a project with new client(still same employer) and my employer applied for H1B amendment(it is still under process). Now I need to go to India due to family emergency. Can I travel out of the country with my condition and come back with out any issues at Port of Entry?

 

Please this is very urgent. Your replies are much appreciated.

[jairichi]

You can travel outside US but to re-enter you need amendment approval.

[Jyothis]

best to check with an attorney - if you have a stamped already, shouldn't be a big deal. I have travelled and came back without an issue last time while the amendment was in progress. in fact mine was approved few days after I landed back.

[kgdesi]

Hi Guys, I have returned to USA with out any issue with my existing Visa. They didn't ask me about any documents or letters, though i carry a letter from my employer, amendment petition and current I-797. My amendment is still pending with USCIS

[ruthwik]

Thanks kgdesi.

@jairichi, can u stop giving irrational suggestions...

[jairichi]

Thanks kgdesi.

@jairichi, can u stop giving irrational suggestions...

 

What is the irrational suggestion provided? Just because few people entered US when amendment is pending does not mean that everyone can do so.

[ghatak]

Hi,

I am in the same situation and the suggestion provided by Jairichi is the actual suggestion that any attorney will provide. However, if there is no change in Employer or if the Visa & WP is valid then in most cases people can enter without many issues. But again, to be clean, you should travel with the hard copy of the approval along with you.