Travel while new H1 petition/transfer pending for change in job description(same company)..URGENT

R

reshma1986

Registered Users (C)
Hi All,

My husband is working for company A and has I-140 approved. Recently he was transferred to another department in the same company but the job description has completely changed. So, the HR would be filing for a new H1 by next month. However we have plans to travel to India for an important wedding in December 2010. His current H1 is valid till aug2011.

Can he travel to India on his old H1(visa stamped) while he has a pending H1 petition to be approved? If not, are there any possible workarounds?(would like to avoid visa stamping for the new H1) Please help!! Any help would be greatly appreciated.
 
Any travel during petition processing is not advised. Upgrade to PP for decision in plenty of time for your December travel. The attorney handling the case can advise further.

Why do you fear H1B stamping process if his job is legitimate and documentation in good form?
 
reshma1986 said:
Hi All,

My husband is working for company A and has I-140 approved. Recently he was transferred to another department in the same company but the job description has completely changed. So, the HR would be filing for a new H1 by next month. However we have plans to travel to India for an important wedding in December 2010. His current H1 is valid till aug2011.

Can he travel to India on his old H1(visa stamped) while he has a pending H1 petition to be approved? If not, are there any possible workarounds?(would like to avoid visa stamping for the new H1) Please help!! Any help would be greatly appreciated.
Click to expand...
Your husband should check with attorney who is filing H1 through normal process or Premium Process. Find out if it is new H1 or they are filing amendment to existing H1 and seek legal advice regarding travel out of US.
 
Hello Concerned4us and ginnu,

I think I am in the situation that you are asking Reshma to prevent. I am seeking advice from you and greatly appreciate your help. As for Reshma, may be this can be a good example:

I entered US on H4 visa.

1. Got my H1 visa approved in Oct 2009
2. Started working in US in March
3. I had to travel to India in Oct 2010 on a short notice due to a family emergency. My employer filed a H1B amendment in PP (Premium Processing) as I am working in a different location then the original H1B approval.
4. I received a Employer – Employee query on my H1 B amendment which my attorney is working on
5. In the mean time, I am appearing for first time H1B visa stamping on Oct 29th.
My question is, is it safe to appear for H1B visa stamping while there is a query on my H1B amendment or should I wait for the amendment to clear before appearing for stamping?
I am sure my client will not be holding off the job for me until the query gets clear. So, I got to choose better of both the evils.
My attorney is suggesting to go for the Visa interview right now but I do not have that much confidence because he was the one who was asking me not to go to India and wait for amendment to clear.
Please help, I am in a fix and need gurus like you to help me through this….
 
amohale said:
Hello Concerned4us and ginnu,

I think I am in the situation that you are asking Reshma to prevent. I am seeking advice from you and greatly appreciate your help. As for Reshma, may be this can be a good example:

I entered US on H4 visa.
----- When? Did your employer file H4 to H1 Change of status?
1. Got my H1 visa approved in Oct 2009
----------------- You got H1 Petition approved from USCIS( Visa is under DOS and H1 petition is under USCIS). if the employer filed Change of status from H4 to H1 B then did you got I-94 attached with your H1 approval notice?
2. Started working in US in March
------------- You started working with employer A once you got H1 approved and H1 had I-94 attached.
3. I had to travel to India in Oct 2010 on a short notice due to a family emergency. My employer filed a H1B amendment in PP (Premium Processing) as I am working in a different location then the original H1B approval.
------- Did the employer lawyer filed new LCA for different location? and attached with H1 amendment ?
4. I received a Employer – Employee query on my H1 B amendment which my attorney is working on
-------------------Let the lawyer send what is asked by USCIS. once the papers are received by USCIS and USCIS is satisfied then H1 may be approved in 20-25 days.
5. In the mean time, I am appearing for first time H1B visa stamping on Oct 29th.
My question is, is it safe to appear for H1B visa stamping while there is a query on my H1B amendment or should I wait for the amendment to clear before appearing for stamping?
-------------------- I will not go for Visa stamping and I will go for Visa stamping once H1 get H1amendment Approved.
I am sure my client will not be holding off the job for me until the query gets clear. So, I got to choose better of both the evils.

My attorney is suggesting to go for the Visa interview right now but I do not have that much confidence because he was the one who was asking me not to go to India and wait for amendment to clear.
Please help, I am in a fix and need gurus like you to help me through this….
Click to expand...
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Going for stamping

ginnu said:
---------------------
Click to expand...

I entered US on H4 visa.
----- When? Did your employer file H4 to H1 Change of status?
Answer: Since I was on H4 when applied for H1B, so COS came into affect om Oct 1st 2010
1. Got my H1 visa approved in Oct 2009
----------------- You got H1 Petition approved from USCIS( Visa is under DOS and H1 petition is under USCIS). if the employer filed Change of status from H4 to H1 B then did you got I-94 attached with your H1 approval notice?
2. Started working in US in March
------------- You started working with employer A once you got H1 approved and H1 had I-94 attached.
Answer: Yes, I meant H1 petition approved and got I-94 attached with the H1 approval notice. I started working in Feb 2010
3. I had to travel to India in Oct 2010 on a short notice due to a family emergency. My employer filed a H1B amendment in PP (Premium Processing) as I am working in a different location then the original H1B approval.
------- Did the employer lawyer filed new LCA for different location? and attached with H1 amendment ?
Answer: Yes, employer’s lawyer filed a new LCA and attached it with the H1B amendment
4. I received a Employer – Employee query on my H1 B amendment which my attorney is working on
-------------------Let the lawyer send what is asked by USCIS. once the papers are received by USCIS and USCIS is satisfied then H1 may be approved in 20-25 days.
Answer: The lawyer and employer are saying that it is a big query and it will take them few days to prepare and send response but are confident that they will be able to answer given all the documents that I have. They are saying let both of them (my appearing for Visa and they replying to RFE on my H1 petition) go in parallel.
5. In the mean time, I am appearing for first time H1B visa stamping on Oct 29th.
My question is, is it safe to appear for H1B visa stamping while there is a query on my H1B amendment or should I wait for the amendment to clear before appearing for stamping?
-------------------- I will not go for Visa stamping and I will go for Visa stamping once H1 get H1amendment Approved.
Answer: I am of the same school of thoughts but the attorney is saying my case is very strong because of client letter, pay stubs, Amendment in process and given the reason I had to travel. I am doing everything legit by filing LCA and amendment followed by filing it in Premium so that the amendment clears before my sudden travel to India. It is only unfortunate that I received a query but the VO should consider I trying to be doing everything by the book.
I am sure my client will not be holding off the job for me until the query gets clear. So, I got to choose better of both the evils.

My attorney is suggesting to go for the Visa interview right now but I do not have that much confidence because he was the one who was asking me not to go to India and wait for amendment to clear.
Please help, I am in a fix and need gurus like you to help me through this….
 
amohale said:
I entered US on H4 visa.
----- When? Did your employer file H4 to H1 Change of status?
Answer: Since I was on H4 when applied for H1B, so COS came into affect om Oct 1st 2010
1. Got my H1 visa approved in Oct 2009
----------------- You got H1 Petition approved from USCIS( Visa is under DOS and H1 petition is under USCIS). if the employer filed Change of status from H4 to H1 B then did you got I-94 attached with your H1 approval notice?
2. Started working in US in March
------------- You started working with employer A once you got H1 approved and H1 had I-94 attached.
Answer: Yes, I meant H1 petition approved and got I-94 attached with the H1 approval notice. I started working in Feb 2010
3. I had to travel to India in Oct 2010 on a short notice due to a family emergency. My employer filed a H1B amendment in PP (Premium Processing) as I am working in a different location then the original H1B approval.
------- Did the employer lawyer filed new LCA for different location? and attached with H1 amendment ?
Answer: Yes, employer’s lawyer filed a new LCA and attached it with the H1B amendment
4. I received a Employer – Employee query on my H1 B amendment which my attorney is working on
-------------------Let the lawyer send what is asked by USCIS. once the papers are received by USCIS and USCIS is satisfied then H1 may be approved in 20-25 days.
Answer: The lawyer and employer are saying that it is a big query and it will take them few days to prepare and send response but are confident that they will be able to answer given all the documents that I have. They are saying let both of them (my appearing for Visa and they replying to RFE on my H1 petition) go in parallel.
5. In the mean time, I am appearing for first time H1B visa stamping on Oct 29th.
My question is, is it safe to appear for H1B visa stamping while there is a query on my H1B amendment or should I wait for the amendment to clear before appearing for stamping?
-------------------- I will not go for Visa stamping and I will go for Visa stamping once H1 get H1amendment Approved.
Answer: I am of the same school of thoughts but the attorney is saying my case is very strong because of client letter, pay stubs, Amendment in process and given the reason I had to travel. I am doing everything legit by filing LCA and amendment followed by filing it in Premium so that the amendment clears before my sudden travel to India. It is only unfortunate that I received a query but the VO should consider I trying to be doing everything by the book.
I am sure my client will not be holding off the job for me until the query gets clear. So, I got to choose better of both the evils.

My attorney is suggesting to go for the Visa interview right now but I do not have that much confidence because he was the one who was asking me not to go to India and wait for amendment to clear.
------------------ Ask the lawyer why he changed his opinion or advice and what made him to change his earlier statement. FYI the lawyer will not be with you when you go to US consulate for Visa stamping.
Please help, I am in a fix and need gurus like you to help me through this….
Click to expand...
-------------- I will NOT go for Visa stamping and you should get help from your Lawyer.
Good Luck!!
 
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