Travel during H1B amendment process is valid?

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I'm working in Company A and they processed my H1B amendment on Jul'15. I have valid petition(old Client) till May'16 and valid LCA(New client). Also, my visa valid till May'16. Now i have emergency plan to visit India. Please suggest me the below questions. 1. Can i travel to India during Amendment process? 2. Will they allow in POE with valid petition(Old Client) and latest LCA(New Client) and Visa Valid till May'16? 3. How long takes to complete the normal amendment process? Please send your suggestion to my mail id: [email protected]

Attorney Answers

3
Aron Finkelstein ·
There is a memo that says if you can show them the receipt notice for the amendment and I assume extension and you can show that you have a visa the CBP is supposed to allow you to enter till the validity period of the old H1B. It is advisable to contact an immigration lawyer to prepare a travel letter just in case CBP is not familiar with this process.
0 upvotes
Tripti Sharma ·
Ideally reach out to the company's attorney. If not successful, you may want to talk to an attorney who can advise after full review. Good luck!
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F Capriotti 2793192.Html ·
I am always 'super concerned' when I see the word 'client' in relation to an H. Read this and make sure that company A is not a job shop: http://www.uscis.gov/news/public-releases-topic/business-immigration/questions-answers-uscis-issues-guidance-memorandum-establishing-employee-employer-relationship-h-1b-petitions To address your questions: 1. Maybe, what did the company's lawyer (who's signature is on the I-129H) say when you talked to him/her? 2. Maybe, what did the company's lawyer (who's signature is on the I-129H) say when you talked to him/her? 3. Months, months, and more months. We always use Premium Processing.
0 upvotes