Can I go for visa stamping on my approved petition

[seego]

Hi,

I got my H1B approval on Aug 28th 2017 for 3 years, around same time had to switch jobs and filed an H1Amendment(in progress)

Came to India in Dec 2017 for stamping , got 221g, gave all the required documents withing a week. Even after 90 days have not received any update meanwhile my H1BAmendment for new client has been approved.

Can I go for fresh new visa stamping for this approved petition H1B

Please note--employer etc is all same just client location was different and amendment was filed.

 

 

 

[hmaster]

When you already switched client and amendment in progress you should not have gone for stamping based on a stale petition (I just hope it's not viewed as misrepresentation to get Visa, consequences are severe). Getting back to your question. As it's the same employer and same job, even if you try to go for another interview you will get 221g based on the previous visa application still pending. 

If you are frustrated waiting in uncertainty, best thing to do would be to withdraw your current petition and re-apply using the new I797. However, remember be well prepared to explain everything to the VO. Especially why you applied for visa based on an outdated client petition earlier. Plan well and be sensible in want you say there. 

[seego]

I consulted the lawyer who said it was okay to travel while amendment is in process. I filled my DS160 with new client details itself and also for 221g gave new client details, verification was also done on the new client and +ve response was send back to the Consulate from client.

 

Can I try H4 and then do a COS once back in US??

[hmaster]

12 hours ago, seego said:

I consulted the lawyer who said it was okay to travel while amendment is in process. I filled my DS160 with new client details itself and also for 221g gave new client details, verification was also done on the new client and +ve response was send back to the Consulate from client.

 

Can I try H4 and then do a COS once back in US??

If you used the new client details your history should be good, you didn't hide anything. But I don't understand how this attorney asked you to use old petition and new client letter; when amendment not approved by USCIS yet, does it sound logical? Meaning, what was the point of amendment then, if you were to get a visa based on old petition? Now a days it's always good to do research and do things (all the info is out there DOS-FAM manuals, USCIS memos, etc), rather then rely on any one. Two attorneys would say completely different things. You know what I mean! 

By the way, you have H4 option? Yes H4 is easiest & fastest. No requirements except carrying primary's I797. Once in US you can either apply for EAD if spouse has approved I140 or simply COS back to H1. Its a good option, if you feel the above is looking complex. 

[hmaster]

One thing to note though, the only major problem in your case with H4 would be - once you exit - can't come back in H1- have to reenter as H4 and COS all the time, which makes it look that you aren't using the visa for its intended purpose. 

This rule won't apply however if you are going to Canada or Mexico. You can still come back in H1 even if you have H4 in PPT via AVR. But different story if you are going to India. 

[giri26]

To be frank it is not advisable to travel while amendment petition is in progress. I remember when my amendment was in process my employer simply denied permission for me to travel until the petition was approved. Mine was applied in premium though and got approval within 14 days. I used drop box and got the approval in 3-4 days. So it is better to always carry your latest petition for H1B stamping. You probably have to now wait for your amendment to get approved.