Traveling outside the country when Visa Amendment is in process

I

immigquestt

Member
Hi, my H1B Visa Amendment is in process in Normal mode. I'm planning to go outside the country while it's in process and come back in a month with my existing Visa which will be valid at the time of my entry.
Can you please let me know if it's safe/okay to travel outside the country while the Amendment is going on?
What are the disadvantages or problems I'd face due to this?
Any help appreciated.
Thank you.
 
Travelling while your H1B application is pending approval is risky. I personally do not recommend to travel unless you have a real emergency to go out of USA especially when Amendment is pending.
I recommend upgrading your H1B application to premium and get approval within 15 days before travelling to be on absolute safe side.

#1 APPROVED Amendment
You will need to get the new physical i797 approval shipped to you to re-enter USA.
#2 H1B Amendment DENIED
You can re-enter USA using existing H1B approval and stamp but will have to only work using the non-amended H1B.
#3 Amendment is PENDING
You can re-enter USA using existing H1B approval and stamp but immigration officer will ask tough questions. You may be denied entry if you have already started working based on H1B amendment receipt. This is VERY HIGH risk situation.

Hope this helps via USCIS and globaltree
 
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