Can I apply H1-B Amendment from India and travel to U.S.A (Client location) with Reciept notice?

h1b-amendment

(Kumar) #1

Hello Anil,

Currently working for employer A in India and have valid H1-B Visa stamping - until Sep-2019. Have worked in USA for same employer at two separate clients/locations between Nov, 2013 to Dec, 2016.

Below are my H1-B cases:

  1. Fresh Petition - Approved - Visa Stamped - Client A/Location A: validity from Oct, 2013 to Sep, 2016

  2. Extension - Approved - Visa Stamped - Client A/Location A: validity from Sep, 2016 to Sep, 2019

  3. Amendment (Change in client & location) - Approved - Client B/Location B: validity from Feb, 2017 to Jan, 2019This amendment was applied in July, 2016. I returned to India in Dec 2016, and did not return to USA till now.

If I get an opportunity to travel for Client C @ Location C. Below are my questions:

1. Can I Initiate Amendment (change in client & location) process from India, and travel to location C with receipt notice, before my visa stamping expiry date?
2. What options are available, if amendment is rejected after travel to USA?
3. Is it advisable to do Amendment + extension at the same time from India? OR process only amendment from India and after reaching USA process extension?

Really appreciate your effort and time in clarifying above questions.

Thank you!


(Anil Gupta) #2

Travel to US while H1B amendment is pending - allowed

Yes, legally, you can travel to US if you have a valid H1B stamp in your passport and your H1B amendment is pending.

But, please note that there is a possibility that I’m irrational officer at port of entry may deny you entry.

This is because if asked about the employer and client location that you are going to work will not match with your current H1B stamp. Also, the client that you are going to work does not still have the approved H1B amendment.

So, there is a bit of risk involved.

H1B amendment rejection after travelling to USA

This has already been answered here earlier:

H1B amendment vs H1B amendment + Extension

All H1B amendment applications are H1B extensions too.

H1B extension simply means that you are requesting a 3 year term.
In each H1B amendment application, employer requests for 3 years term as they are paying full fees.

So, both mean the same.

Does that answer your question?


(Kumar) #3

Hello Anil,

Thank you very much…Your reply and explanation surely helps!!! :relaxed:

I have got another question:

  1. What is the max date by when an Amendment/Extension can be applied for H1B?
  • Given my case, Visa stamp expires in Sep-2019 and also completes 6 years from initial H1 approval

Regards,
Kumar


(Anil Gupta) #4

You should file before completion of 6 year.


(Kumar) #5

Hello Anil,

Thank you!!! :relaxed: