I have a unique Situation, I work for an employer A, have Visa stamped on passport valid untill Feb 2022 and I-94 also valid till that date. Now I moved different client thru same employer (A) and now the H1B amendment is filed in regular processing and is in progress. The question I have is, I’m anticipating an emergency travel any time to India as family member is sick… please advise 1) when I make that travel, what are the implications at port of Entry in return to US 2) having valid US visa and I-94 from previous client will not have any hassle?
3) what documents I may be asked to show at POE 5) what are my chances not able to enter US…
I really appreciate inputs, if some one faced similar situation in recent past or knowledgeable around this area… looking forward for quick response…
If you have moved to different client, the expectation is that you have H1B amendment filed and approved. So, when you return, you need to carry all the documentation related to the amendment approval. The best thing to do is apply for premium and get amendment approved soon, so that when you return, you can show the approved amendment at Port of entry, it will not create any hassle. Discuss with your attorney as well on this.
Yeah, your solution is promising…I did speak to attorney The version I got is, carry the H1B receipt copy even if it is not approved by then… also stamping is not needed as valid visa present in passport…going in premium these days causing RFEs that’s why I’m trying to avoid at the moment… but wanted to know from you all has any one travelled with this scenario just with receipt or before approval received… any issues faced at port of entry
Technically, you cannot work without Amendment approval…now, if at port of entry, if they ask, where you work, you will say new client, but you don’t have approval, so you can get into trouble. Just having receipt notice does not make you work… I would rather be safe than sorry…it is your discretion.