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H1b Amendemnt In Process Family Emergency Travel

Discussion in 'Nonimmigrant Visa Validity' started by rajeev2012, Aug 12, 2016.

  1. rajeev2012

    rajeev2012 Junior Member

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    Hello Ron,
    My H1B amendment is in process & i have got receipt #. But i have family emergency and may have to travel to India in worst case.
    I have a valid I-797 till 2018 but do not have visa.
    1.Will there be any implications if i travel while petition has not be approved.
    2. Also there is 2 months wait for US visa at all consulates in India, in this case can i take 2 month personal family vacation, will there be any issues during Visa stamping interview.

    Your advise is appreciated as always. Thanks for all the support in advance.

  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You must have a valid visa to return. You may apply for a new visa while the amendment is in process, however.

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