Traveled to india while H1B in process Received I797B


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I was on my OPT and i traveled to india, while my H1B petition was pending with USCIS. I received I797B which states that my H1B got approved but COS not approved, SO i did not received I-94 card and i need to go to India for H1b stamping.

So, My company lawyer filed I129-H1B amendment and requested for COS in June 15th. I still have no response from USCIS. My lawyer argues that USCIS is very busy and they will start processing my file at the end of October, 1 month from now. My OPT is still valid till january, so i have sufficient time.

Now, what are the chances that my COS will be approved?? Have anyone gone through same situation and got H1B amendment approved and received new I-94 card? My file is pending with USCIS since 3 and half months.

Thanks for all your efforts to read and reply my questions.

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Travel While an H-1B Visa Petition is Pending

If you are applying to change to H-1B status from another status, travel outside the United States will abandon your request to change to H-1B status

In general, Please do not travel until you get approval. Even though you can always come back on OPT , but you have to reapply for H1B if it gets rejected.

Hope this is helpful.

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  • 11 months later...

Hi Gaurav,

Hey can you pls let me know, what happened to your case? Did USCIS approve COS with H1B amendment?

I am actually in the same boat. I am on H4 here with approved H1b petition through consulate process?

My employer is planning to file an amendment petition for me too , in premium?

Please respond, as it really helps me.



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