H1b amendment not filed- travelling to India

[bhusanthapa]

Hello,

I would like to get some advice on my case. I am planning to go to India next week, my H1b stamping was done with Client A. Last month I moved to Client B, my employer filed LCA as per new location but has not filed H1b amendment yet (Job title, duties, salary is still same).

 

1. Can my employer file H1b amendment in premium  after I leave USA so that I can return with approval?

2. If my H1b amendment is not filed, can I enter US with updated LCA only? Can they deport me at port of entry if H1b amendment was not filed?

 

Please let me know I am in big dilemma.

 

Thanks!!

[venkattvr]

Hi,

 

Did you get any help or answer for your query. I'm in current situation. I have valid Updated LCA. But Employer did not file H1B Amendment and returned to India on a personal emergency. Now am in India, Employer is asking me to return to US and then file H1B Amendment. But in one guy in online forum told me that I will be deported. LCA and H1B Amendment both are necessary. 

 

I do not know how to deal this. Please share your experience on this 

[moveon]

Hi,

 

Did you get any help or answer for your query. I'm in current situation. I have valid Updated LCA. But Employer did not file H1B Amendment and returned to India on a personal emergency. Now am in India, Employer is asking me to return to US and then file H1B Amendment. But in one guy in online forum told me that I will be deported. LCA and H1B Amendment both are necessary. 

 

I do not know how to deal this. Please share your experience on this 

 

Hi Venkat,

 

I am in similar situation - I have my new LCA approved for my new work location and my payslips reflect my current state tax. I am not sure if my employer filed a H1B amendment for  this new job/state. I have booked my tickets for next month. Could you please share your experience. will I get deported without showing the CBP officer a H1B Amendment Approval notice or a receipt that shows my H1B amendment is in processing stage. Please help.

 

Thanks.