New York, NY asked in Immigration Law for New York

Q: If I have a pending H1B amendment (new location) and valid H1B visa, can I travel to my home country to get H1B stamp?

I currently have H1B visa that kicked off in October 2017, I'm planning to travel home in December and get H1B stamp to come back to the US. Will it be a problem if my H1B amendment application (change of client location) is pending while I'm getting stamp? Amendment hasn't been filed to USCIS yet but it's planned to be filed next week (before my travel)

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1 Lawyer Answer
Roger Carl Algase
Roger Carl Algase
Answered
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: If you are no longer working at the location listed in your current, already approved H-1B petition, it would be safer to postpone your travel until your new H-1B petition is approved. Otherwise, you might have a problem getting your H-1B visa stamp from the US embassy or consulate overseas.

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