Travel during H1B amendment process, need to get visa stamped as well

priyankapanda

By priyankapanda,
in H1B : Visa Stamp

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priyankapanda Newbie

priyankapanda

Posted
Posted

Hello all,

 

I got my H1B approved this year and my status started on October 1st, 2014 (before that I was on F1). Being a consultant, my I797 had my base office address. My firm is filing for an amendment (by November 14th or 17th max) to put in the client's address instead of the base office address. 

 

Back in August, I booked tickets to go to India for December 16th and scheduled my visa interview for December 19th and 22nd at the US Embassy located at Delhi. 

 

My Immigration lead said that although they are going to be doing premium processing for me, if a RFE comes, which is highly likely, then it could take another month-45 days to get the answer from USCIS.

 

My questions are - 

1. What are the chances of getting an RFE on this kind of H1B amendment?

2. If an RFE does come, since I won't get my new I797 before December 16th, can I still travel to India on my planned dates?

3. Can I give my visa interview as scheduled currently with my current I797? Will the stamping be an issue if I still travel and go in with my old I797 given the fact its only an address change?

 

Please let me know if someone has faced such an issue and what the actual rules are. I am very confused. What are my options given this case?

 

Extremely tense and worried,

PP.

 

 

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  • 11 months later...
naveen5 Member

naveen5

Posted
Posted

I have travelled to India while my amendment was pending. I went to visa interview only after my amendment was approved.

Hey - I have similar situation. One question. How long , we need to wait after we get Amendment approval  for VISA interview? 2 weeks or 3 weeks? 

 

Thanks in advance....

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