H1B: Amendment Pending and Extension + Amendment Approved

Looking for your quick input on below situation. Appreciate your help/support in advance!

Below is sequence of events that happened over past few months for my Amendment and Extension + Amendment application to USCIS for my H1B

  1. Amendment (for higher role) filed in April 2019 and still pending with USCIS
  2. H1B Visa Extension (7th year onwards based on I140 approved) + Amendment filed in July 2019
  3. Application of Extension + Amendment converted to Premium in Aug-2019 and it is approved in Aug 2019
  4. Please note that, Employer, Client, Role is same for Amendment application and Extension + Amendment application.

Question that I have:

  1. Can I travel to India on vacation now & get the stamping done before coming back? I understand that, I need to go for stamping (including interview) at US Consulate in India as I’m not eligible for the Drop-Box facility.
  2. What will happen with the Amendment which is filed in April 2019 which is still pending for decision with USCIS? As this is still pending, will that create any problem for stamping or while coming back to USA?

Hi @sailmaster

I don’t suggest to travel as US embassy might have some doubts about your pending Amendment.

I am not sure how the visa officer will interpret this situation.

Thanks Anil for the prompt reply. Do you think that, I should convert Amendment to premium if I have to travel to India?

Hi @sailmaster

Yes, converting to premium and getting a result before you go for stamping is the safest way.

Cool, thanks Anil for all the help and support!

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Hi Anil,

Please find below my case details and let me your thoughts on it:

1)An Amendment was filed for a new location in March 2020 and as my I-94 was expiring in Nov, 2020, it was just amendment.
2) Later in June 2020, an extension was filed by my employer which was upgraded to Premium on July 25, 2020 and it got approved today. The extension also had the new location address in my petition.

Wanted to understand what impact would my Amendment adjudication can have on my case. My updated I-94 is till Nov, 2023.