Can I travel USA while Amendment cum Extension Filed with Existing Valid H1-B extension

Hi Team,

I was working in H1-B with client ABC from May 2013 to Oct 2015. Before expiring of my visa in Oct 2015 H1-B extension ( first ) was filed in Apr 2015. Then I returned to India in Oct 2015. At the end of the Nov 2015 I received my H1-B Extension petition during my stay in India. Its Valid till 21st Apr 2016.

Now in month of Feb 2016 my company did the stamping for H1-B Extension for same ABC client in India. Suddenly due to los of project I could not travel USA with H1-B extension. Now my employer is going to file Amendment cum Extension ( with premium processing ) for new client XYZ. Below are my questions :

  1. Can I travel with old visa validity i.e. 21st Apr 2016 for new client once I receive only the Acknowledgement notice.

  2. Or I have to wait till new Approval Notice received and completing the stamping process.
    Client is expecting me end of Mar 2016. So any expedite process for this.

New stamping is not required for sure. You can use the old visa stamp as long as it valid.

As for traveling on amendment receipt vs approval, I have heard mixed feedback. Some say it is possible while others don’t. I haven’t seen any sharing their successful or unsuccessful experiences though.

Let’s assume you do travel just on the basis of receipt notice. Your 797 ends on 21 April 2016, and the new I-94 that you will receive will be valid until 21 April 2016. Your amendment and extension will be approved w/o I-94 attached as you were outside of US when it was applied. This means, I-94 extension would have to be filed soon after you receive amendment approval.

Did you travel with amendment acknowledgement notice or did you go for re stamping. please let me know. I am facing similar problem now.

Can you please tell if you got answers to these questions. I am in the same situation.