H1B amendment after acquisition and India travel

[msgforashish]

Hi,

 

I am currently into a tricky situation and need advise on this.

My current travel plans to India are Oct 25-Dec5.

 

1. My passport has visa of Company A which is expiring on 30 Sept, 2013.

2. I left company A and joined company B in Feb 2012. Hence received a new I-797 and I-94 which has the validity till Jan, 2015.

 

This means that next time when I would travel to India, I would have to go visa stamping at the consulate. 

 

But, last month something happened which made situation little tricky.

 

My division (Business unit) in Company B got sold to a private equity firm end of last month and now my business unit is an independent company and is called Company C.

 

15 Sept, 2013: 

I was told by my lawyers of Company C, that they would be filing for the H1B amendment, but not before they come to know the registered location of Company C.

The HR of Company C say that the new location will be finalized by October 1st week. 

This means that the amendment will be filed after that, and they will be doing that in premium processing.

 

My concern is that I have to travel to India on Oct 25 (which I cannot avoid) and if for some reason I do not my get H1B amended by that time, I might have to go for Visa stamping without that.

 

My lawyer says that they will be giving us supporting letters and documents (successor-in-interest) in case I don't get I-797 before I appear for my Visa stamping interview and they should be sufficient.

 

What is the best thing I can do in this case?

Also, worst case if I get an RFE during my amendment process, can I travel outside US?

 

Regards,

Ashish