North Bend, WA asked in Immigration Law for Washington

Q: Can I travel out of country while H1B Amendment with same employer is in processing?

I have valid I797 until march 2019 but it is not stamped. My Perm has been filed last year in Aug and is pending with DOL. My employer also filed H1B amendment I129 for change in role. I have to go to India urgently for some personal reasons, and will get Visa extension stamping. Is it safe to travel while amendment is in process? What happen if they put RFE or reject Amendment? Can they deny stamping at India due to amendment?

Related Topics:
1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Answered

A: It sounds like what you have is H1B status but not an H1B visa. Unless you have an H1B visa, you will not be allowed back into the United States. Once you are back in India you may need to apply for a visa to come back to the U. S.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.