Travel back to US on H4 while husband H1B amendment in progress

Question

Travel back to US on H4 while husband H1B amendment in progress

Anonymous Aug 26, 2015 9 views 3 answers

Hi, I m on H4 with valid visa till Aug 2017. I came to india in July 2015. My husband work location has changed in Aug and H1b amendment is filed. I have old I797 petition . Im travelling back to US in Sept. Is it ok to travel with old I797 or do I have to wait for new approved I797 . Is it enough if I have the latest LCA ? Please advice. Thanks.

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Accepted Answer · 2026-06-15T15:53:36+00:00

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Jun 15, 2026

Amendment does not invalidate otherwise legally valid H1B. Hence, your travel should not be impaired by it.

0 upvotes

Pedro A. MirandaImmigration AttorneyHollywood, FL · Accepted Answer · 2026-06-15T15:53:36+00:00

Pedro A. MirandaImmigration AttorneyHollywood, FL

Pedro A. MirandaImmigration AttorneyHollywood, FL · Jun 15, 2026

H1B is still legally valid and you should be able to travel.

0 upvotes

tuart Jonas ReichImmigration AttorneyNew York, NY · Accepted Answer · 2026-06-15T15:53:36+00:00

I agree with my colleagues - as long as you have a valid H-4 stamp and your husband is still in valid H-1B status (which he is with the timely-filed amendment petition pending), there should be no issue in reentering. The latest LCA shouldn't be necessary -this will have no impact on entry.

Travel back to US on H4 while husband H1B amendment in progress

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