You can travel to India while H1B extension is in progress
and visa is still valid for re-entry. You will have to get the hard copy of your approved H1B’s i797 and apply for an H1B visa at the US embassy before you can enter the USA with NEWLY approved H1B extended petition.
Can we travel to India when i140 is in progress?
Hi,
You can travel outside the Country while your I-140 is pending
; as you said, your H1-B visa is valid.
Can I travel while H1B transfer is in progress?
You must not travel outside of the U.S. while the petition is pending
. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned.
Can I travel during RFE?
You should not travel while your H-1B petition or RFE is pending with USCIS
.
Do I need to go for visa stamping after H1B amendment?
In summary,
you do not need a new H1B Visa Stamping in your passport after the H1B Visa transfer as long as the previous H1B stamp in your passport is valid
.
How long does it take for H1B amendment?
Typically, it will take around
4 to 6 months
to process your H1B visa amendment, however, this time can vary depending on your actual circumstances. If you are in a hurry, you can choose to go with a faster route via premium processing which allows you to reduce the processing time to just 15 calendar days!
Can we do H1B transfer while amendment is in progress?
Company B may file an H1B transfer while a H1B amendment is in progress with the current company .
Can I file H1B amendment from India?
Yes, your new Employer can file for your H1B transfer (also called change of employer petition) from India
. You will have to get a new H1B visa stamp in your passport, if the old employer withdraws the H1B on your resignation. New employer will have to get the new H1B application filed with consular processing.
Can I travel while my i 140 is pending?
You should not travel internationally while the travel document is pending
, or the entire process will be considered abandoned and your adjustment of status denied. After several months of waiting, you should then be scheduled for an interview with a USCIS officer.
Can I travel to India during green card processing?
You cannot travel internationally unless you have received a travel authorization document from USCIS, known as an advance parole document
. You are required to obtain such travel authorization if you seek to re-enter the United States after temporary foreign travel.
Can I travel while I 485 is in process?
You can travel and your pending I485 (with or without Advance parole) will not be abandoned if you have one of these visa types to re-enter the USA: Work visas like H1B and its dependent H4, L-1, and its dependent L2. K-3 spouse or a K-4 child of a US citizen.
Can I travel while I-130 is pending?
If you are a foreign spouse,
you may apply to enter the United States via a tourist visa if you have a pending I-130 petition
, and wish to go back to your home country after the visit.
Can I travel while my adjustment of status is pending?
Adjustment applicants who are in valid H-1B status, and their dependents, can travel abroad and reenter the United States in H status while an I-485 is pending, without having to obtain advance parole. The H1B must still be eligible for H status and returning to the previously approved employer.
Can I travel while my I-539 is in process?
It is not advisable to leave the US while your I-539 petition is pending
, but if you have an emergency make sure to consult an immigration attorney to guide you.
Are visitor visas suspended?
General Resumption of Visa Services
The Department of State suspended routine visa services worldwide in March 2020 due to the COVID-19 pandemic
. On July 13, 2020, DOS tweeted the following update from @TravelGov: “US embassies and consulates are beginning the phased resumption of routine visa services.
Can I transfer H-1B without stamping from India?
Can I have my H1B transfer without stamping?
Yes you can if your H1-B transfer was approved in continuity of stay with I-94 number, then there is no need of stamping immediately
.
Is visa stamping in India open?
Immigrant Visa Stamping :
US Embassy in India have resumed processing of Immigrant Visas and there are not restrictions in place
. US Consulate in Mumbai is reaching out to the previous pending cases and they will be processed in chronological order.
Can I travel after H-1B approval?
INTERNATIONAL TRAVEL
If you already hold a valid H-1B visa stamp in your passport, we recommend that you take the following documents with you when you leave the U.S.:
Copy of the I-797 approval notice for the H-1B petition
* Evidence that you are maintaining your H-1B status (A letter from your employer.
What happens if amendment is denied?
H1B Amendment denial
Your status changes to ‘out of status’ as soon as your Amendment is denied
(if you have already started working on the amended petition receipt). At that time, you can maintain the status by moving back to already approved petition.
How much does H1B amendment cost?
The H1B amendment filing fee is
$1500 for filing Form I-129
. The ACWIA fee is not required for filing amended H1 visa petitions.
What happens if H1B amendment is not filed?
If you are an H1b employee, failure to file for an H1b amendment petition may lead to the following repercussions:
Losing your H1b status
. Being deported from the US. Inability to extend your H1b visa status in the future.
What is the difference between LCA and amendment?
Amendment is required in cases where there is material change in employment terms. LCA is required every time such change occurs and also in the initial stage of the application
. LCA is a DOLabor process.
Can we file amendment when extension is in progress?
USCIS may approve extension while Amendment is pending
. In this case, you are good and keep working with extension. USCIS may wait for amendment decision before approving your extension. In this case, most of the time, they will issue an RFE on the extension to submit the amendment approval first.
Alternatively,
you may be able to file the amendment with premium processing to reduce the processing time to 15 calendar days
.
