In May 2015, my employer was supposed to file amendment (not extension) before I go to India on vacation. But somehow filing got delayed. They filed it when I was out of US in India on vacation.
As soon as our immigration team received the receipt notice of amendment, I flown back to US with my original I797A approval notice (old). I got I94 based on my I797A (admit until expiry of I797A).
Recently my company has received the RFE from USCIS to prove that candidate was in USA at the time of filing. Our immigration team can’t prove that because I was in India on vacation during that period.
Now, my company has responded to RFE with Consular Processing option and amendment approved with this response. Amendment expiry is same as my old I797A. Now they have asked me to fly back India and get visa stamped.
I need your valuable suggestion - As I entered US post filing of amendment; do I really need to go through consular processing because I have visa stamp till SEP2016, and I entered with same stamp. I am assuming I am in legal stay as I entered US after filing of amendment.
Please suggest if there is any alternate way. Thanks.