Can I travel to India on H1b with in-house project approval

[ayushmishra]

Hi,

I got my H1b approved a year back on in-house project (legit with strong documentation) and I got another opportunity to work with a client few months back. I started working for the client and filed LCA (but not amendment).  Now I am planning to go to India next week and I came to know from my employer that it is not safe to visit India without amendment. There are two provided suggestions.

1. I have to file for the amendment before India visit. OR

2. I have to visit India on my Initial H1b approval with in-house project.

Since the trip is emergency, which is the best possible way to visit India without any issues.

Please advise.

[User099]

If your work location and duties have changed from your original H1, then an amendment is needed. LCA will not be sufficient. You should have filed for the amendment when you switched to the client location. 

If your paycheck is running against the new client location, how will you explain why and how you switched locations without an amendment if you go back to work for in-house project.

Both options are risky.