Travel to India when Amendment is in progress

Hi ,

I have to travel to India in coming few weeks but I have my H1B amendment in progress . Will my travel cause any issues amendment process.
TIA

You can travel internationally while your H1B amendment is still under process at USCIS but it is recommend to NOT travel as re-entry risk is very high.

If your amendment status is approved, denied, or pending while you are outside the USA:

#1 APPROVED Amendment

You will need to get the new physical i797 approval shipped to you to re-enter the USA.

#2 H1B Amendment DENIED

You can re-enter the USA using existing H1B approval and stamp but will have to only work using the non-amended H1B.

#3 Amendment is PENDING

You can re-enter the USA using existing H1B approval and stamp but immigration officer will ask tough questions.

  • You may be denied entry if you have already started working based on the H1B amendment receipt. This is a very high-risk situation.
  • USCIS may not issue a new i94 once the amendment is approved as you exited the US.

If you want to enter the US to work with old approved H1B and old work location (not new location), then you are fine.

You should be able to enter the US without any issues.