H1B approved, Visa stamping not done, Still outside USA
I have an approved petition for Location A and Client X. I do not have visa stamping for approved petition and hence not travelled to US.
Filed H1B Amendment from outside USA - June 2018
Now my employer had filed an h1b amendment in June 2018 and got receipt number. It is not approved yet. Can i get visa stamping and work at new location B and client Y.
H1B Amendment pending Visa interview outside USA - Not recommend
You can go for visa stamping at this time (using your approved H1B for Location A and Client X) but the chances are high that you will be asked un-comfortable questions about your H1B amendment.
If your intention is to work at Location B and client Y, it is better that you wait for your Amendment approval and then go for Visa stamping.
These days, US embassy officers are very strict.
H1B Amendment inside USA
On the other hand, your situation would have been completely different if you were already in USA.
In that case, you could have joined the new location and client Y simply on the basis of H1B Amendment receipt number.
Pending H1B Amendment
I understand Anil but the situation here is now it is more than 4 months now and no update on the amendment. Also to my curiosity, what is the benefit of original H1b if ultimately i have to keep waiting for amendment to get approved if i am in India.
Visa approved but yellow 221(g) form issued
I have been to Embassy in July and VO told me that visa is approved. But later i got call from Embassy that they can do stamping based on my Approved Visa but not on Amendment. I told that i need visa on amendment h1b and they sent my employer 221g yellow slip asking to send passport again once amendment h1b petition is approved.
US embassy cannot stamp pending H1B Amendment
Yep, that’s what I told you that they are getting strict these days.
Also, they cannot stamp your H1B visa based on a pending Amendment application.
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. You should have got it.
Using that visa stamp, you could have traveled to US and then change your location and client and wait for Amendment approval.
Any option left for me apart for waiting for approval?
As I already told, you can get your passport stamped with approved H1B and then travel to US.
Once you are in USA, you can file another Amendment and start working for Location B and Client X.
And what about 221g yellow slip that i was issued.
Form 221(g) yellow - Wait for H1B amendment approval
Since you have already attempted the visa stamping and interview at US embassy and you have got 221(g), you have restricted options now.
It is better to wait for H1B Amendment now.
You can certainly file for another visa stamping application (based on approved H1B) legally but I would not recommend it.
US Embassy will question your intent and may deny the visa too. It is too risky to do it now.
Ideally, you should have got the stamping done before filing for H1B Amendment to keep things clear and straightforward.
Thank You Anil. Based on your experience in recent time any idea till when i can expect some outcome from USCIS on amendment.
Which USCIS service center has your application been submitted to?
Each center has different H1B processing time. You can check it here (updated daily):
I connected to support at email@example.com, they are asking me for petition copies.
Is this ok to send email with petition copy to this email id?
Yes, that email address looks genuine.
Did you get it from the official usatraveldocs website?
Yes, I raised one query with them.
Then, you should be good to send the documents.
Hello Anil, I got my Visa stamped based on my approved h1b petition. My LCA is already certified for new location and client but h1b amendment is still pending.
Can i travel with this visa to the new location and work for new client based on my Amendment receipt number.
You should consult your employer attorney if they are okay with going to US with this visa stamp.
You can travel, and at port of entry in USA, you may be asked questions about your work. You should be careful about what you answer.
Hi Amitesh- My situation is same same as ur previous situation. Need guidance. Pls let me know how can I contact u.
I got my visa stamped on the basis of my approved petition and traveled to US with both my Approved petition (old employer) and amended petition for the new employer.
I was issued 221g at home country stating need of I129 and other client details, since my earlier project was over a month ago, my company isn’t going to answer 221G. Instead they are filing amendment as my next project i got is in house and not at client.
My company applied for amendment to H1b also cause of job location change. I am currently at my home country waiting for amendment to get approved.
- Can I go for stamping after amendment is approved without answering 221G?
- company is not going to answer 221g will that impact my visa interview?
- what need to be done to get successful H1b Stamping done?
Hey what did you do? I also have almost a similar situation