How to handle the below situation .. post grabbed from rfe discussions fb page

[toranam]

Please assist with below situation.
I have approved H1-B petition till 2020 for Client A. I moved to Client B (same employer) and my amendment for same  is still in progress (RFE prep stage). I have urgent travel need to India and also need to attain stamping (drop box).

Can I travel India and get stamping done with old approved petition (along with in progress amendment receipt notice) ?

I am reading mixed opinions for Yes/No, and also read that such cases needs to get stamped ONLY at Chennai consulate. How true, it is ?

Did someone recently completed succesful stamping with in progress amendment (receipt notice) and with approved old petition, if yes which receipt number to provide in DS 160.

Responses are very much helpful. Thanks in advance.

[tacobell fan]

1 minute ago, toranam said:

I have approved H1-B petition till 2020 for Client A. I moved to Client B (same employer) and my amendment for same  is still in progress (RFE prep stage).

Your current petition is valid and holds true as long as the second petition has a decision. Being with same employer is added advantage that he can still travel and go for stamping but if the second petition gets approved this stamping will be invalidated. So it depends on luck between number of days to get the second petition gets approved versus intended stay + visa processing time. If by @TOM_BHAYYA grace 221g padithe inka this is most complicated . Elago premium open ayyindhi kabatti travel now, upgrade to premium and get the decision on it. Once the petition approved/denied act accordingly. If its denied he can still go with old one which is valid. 

[LazyRohit]

18 minutes ago, tacobell fan said:

Your current petition is valid and holds true as long as the second petition has a decision. Being with same employer is added advantage that he can still travel and go for stamping but if the second petition gets approved this stamping will be invalidated. So it depends on luck between number of days to get the second petition gets approved versus intended stay + visa processing time. If by @TOM_BHAYYA grace 221g padithe inka this is most complicated . Elago premium open ayyindhi kabatti travel now, upgrade to premium and get the decision on it. Once the petition approved/denied act accordingly. If its denied he can still go with old one which is valid. 

Vuncle identi once stamping ayte old or new kya farak ? POE lo old ani chepte katham?

[tacobell fan]

Just now, LazyRohit said:

Vuncleee identi once stamping ayte old or new kya farak ? POE lo old ani chepte katham?

Nuvvu visa stamping tho vellina petition kakunda change aithe even if you are with same employer you need to go to stamping again. If you transfer your H1 to some company and you decided to come back to old employer (given the H1 is active), you again have to go stamping (assuming you have stamping).

[NeneRajuNeneManthri]

2 hours ago, tacobell fan said:

Nuvvu visa stamping tho vellina petition kakunda change aithe even if you are with same employer you need to go to stamping again. If you transfer your H1 to some company and you decided to come back to old employer (given the H1 is active), you again have to go stamping (assuming you have stamping).

I thought as long as you are with same employer and clients change you don't need to go to stamping. Isn't that the case anymore with amendment now?

[tacobell fan]

15 minutes ago, NeneRajuNeneManthri said:

I thought as long as you are with same employer and clients change you don't need to go to stamping. Isn't that the case anymore with amendment now?

That is not the case i meant. Read my comment again bro. If you go to a different company and come back. Amend aithe if you did not move company and carry existing stamping won't be any issue but need to cross check with attorney.

[chingchang]

8 minutes ago, tacobell fan said:

That is not the case i meant. Read my comment again bro. If you go to a different company and come back. Amend aithe if you did not move company and carry existing stamping won't be any issue but need to cross check with attorney.

Are you sure about this ?? Stamping and amendment are different when you consider travel back to US. Lets say if you have Petition from Employer A, changed to B, you can go to india and come back anytime with A's stamp as long as your current 797 is valid. 

 

Also in OPs situation, As far as i know, you can go to stamping with receipt and original petition. Whether to approve or give 221g is up-to VO. Lets say if VISA is approved, he can come back while amendement is still in progress. Even if it is approved while he was in india, all he has to do is keep copy of new amended petition for POE 

 

Im not an attorney ... always check with your lawyer