You can travel internationally while your H1B amendment is still under process at USCIS but we recommend to NOT travel as re-entry risk is very high
. You will need to get the new physical i797 approval shipped to you to re-enter the USA.
Can I travel abroad while H-1B extension is pending?
However, if you use your previous approval notice, upon reentry, your I-94 will be valid only until your current expiration date (until and unless your extension is approved).
If USCIS approves your extension while you are abroad, you will need to reenter the U.S. with your new I-797 approval notice
.
Can we withdraw H-1B amendment after RFE?
You can withdraw H1B amendment with RFE
Yes, you can withdraw the existing ongoing petition.
How long does it take for H-1B amendment approval?
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.
Can H-1B holder travel outside US?
You can travel abroad during your H-1B status
. Your trip may be personal (to visit relatives, for example) or professional (to attend a conference or work with colleagues overseas). These recommendations will help ensure that you have a smooth trip.
Can I travel while my h1 is in process?
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.
What happens if H1B amendment denied?
So, if for some reason the amendment petition for location change is denied by USCIS,
the H-1B employee has to option to return to the original work location covered by the initial H-1B petition
, assuming that it is possible to perform job duties in the same conditions described at the original LCA and maintaining the …
What happens if an amendment gets rejected?
H1B Amendment denial
You have to maintain your H1B status while your on US soil. 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
.
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 outside the US with a I 797?
You cannot use the Form I-797 alone as your only form of identification for air travel
. However, it can be used as a secondary form of identification in addition to other forms of valid identification. The Form I-797 is not considered by the U.S. government to be a travel document.
Can I travel to USA with 2 months left on H-1B?
An H-1B holder who has current H-1B classification (either initial or extension) may reenter the U.S. with an expired H-1B visa stamp after a trip solely to Canada or Mexico (not to U.S. territories/ the islands in the Caribbean) that lasted no more than 30 days (22 C.F.R. § 41.112(d)).
How long can we stay outside US on H-1B?
The initial maximum period of validity is
three years
(sometimes less), and that is not changed or extended by any time spent outside the US. The clock keeps ticking on the three-year period even while you are abroad.
Do I need to go for 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 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.
Can we start working after filing H1B amendment?
Note:
Once you file the amended petition, your H-1B employee can immediately begin to work at the new location
. You do not have to wait for a final decision on the amended petition for your H-1B employee to start work at the new location.
Which countries can you travel on H-1B?
- Belize. As of 2018 holders of valid US visas can enter Belize visa-free. …
- Georgia. Tbilisi, Georgia. …
- Qatar. Skyline of Doha, Qatar. …
- Turkey. Holy Grand Mosque in Istanbul, Turkey. …
- The Dominican Republic. …
- Island of Turks and Caicos. …
- Bermuda. …
- Panama.
Can we go for H1B stamping while amendment is in progress?
US embassy cannot stamp pending H1B Amendment
Since H1B visa is given specifically for a job profile, amendments also need approval. US embassy does not have the approval for your Amendment and hence cant stamp it. You can get your visa stamped based on approved H1B petition at this time if they are ready to do it.
