AnxiousTraveler Posted July 26, 2023 Report Share Posted July 26, 2023 I am traveling to India on Sunday. I recently moved to San Jose from Seattle and my H1B amendment is in progress but not approved yet (same company different location). I have to urgently travel to India and I will be back in a month. I spoke to my immigration team and they recommend I change to premium processing but can I still travel while premium processing is in progress. Please advise. I have a valid H1B stamp which I got when I traveled in Feb this year. Quote Link to comment
Attorney_23 Posted July 27, 2023 Report Share Posted July 27, 2023 Leaving the U.S. while an H1B amendment is pending will have no impact on the amendment. If an amendment is approved while abroad, the new approval notice should typically be presented to the CBP officer at the port of entry when returning to the U.S. If the amendment is still pending when you return, there is guidance indicating that the person can be readmitted. However, we cannot entirely rule out the possibility that a CBP officer at the U.S. port of entry might deny admission without the H1B amendment approval notice. Quote Link to comment
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