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Visa is stamped, Petition amendment is filed, Documents required to travel to new location?

0 votes

Hell Everyone. Need URGENT help please !

My H1B petition was approved for Fairfield, Connecticut for X client. Now my client and location has changed to Atlanta, Georgia with Y client. In March-2015 I got the LCA for Atlanta location but my travel got delayed to May-2015.

My visa got stamped in May-2015 but due to the new law effective 9-Apr-2015 to amend the petition if there is change in the location I was not able to travel.

Post this, petition amendment process started by my employer. Initially employer said that I can travel once they receive the Receipt Notice, I129 form and LCA. I got my updated LCA, Receipt No. but not the I129 form. But now they are claiming that I can only travel once we receive the approved petition from USCIS which will take 3-4 months under regular processing.

My concerns:

1 - Can I travel while petition amendment is in process, if yes then what are the required documents and how can I or employer get those?

2 - Can this regular processing request can be upgraded to premium processing to expedite the process?

3 - Can I travel with "Receipt Notice", I129 and LCA or should I wait for approved petition?

PLEASE HELP !! I am losing time being in India since my visa is already stamped :(

Thanks!

asked Aug 23, 2015 in H1B Visa by SunnyKS (190 points)

1 Answer

+1 vote

1.  Well, as per my understanding you can travel, if it was an amendment that was filed and you had the original approved petition.  You need to carry your original approval documents and the new documents that were filed for amendment like LCA, receipt notice, old H1B approval forms, etc.  Check the regulations at USCIS site  and Travel regulations  under admission procedures. 

2. Yes, you can by paying the required fee. 

3. Well, as I said above, it should be possible as your original petition is approved and you have filed for amendment. 

You are not losing anytime, your H1B period of 6 years only starts the day you enter United states.  

I suggest you speak to your employer's attorney and take their guidance as they understand your case and regulations better than anyone. 

answered Aug 23, 2015 by Kumar (48,210 points)

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