If an H1b amendment approved with I-797B, is this an issue?

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If an H1b amendment approved with I-797B, is this an issue?

I have valid I-94 with H1b and visa stamping till Sep 2018. Presently am in USA. Recently my H1B amendment got approved with I797B without I94 attachment. Is this an issue? My employer asking me to go out of usa and come back. Stamping is not required. Do I really need to go out and come because I have a valid I-94 and visa stamping for another 16 months. If I go out, visa stamping is required? If I need to go out, when do I need to start? Do we really need to bother when H1b amendment approved with I-797B without I-94 attachment? If this is an issue, presently am in which status? I never out of status since my H1 amendment filing. I assumed that since there is no change in I-94 dates, it’s not attached to the H1 amendment approval notice.

Asked on May 10, 2017 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I suspect your employer may have submitted the petition on your behalf not as a change of status but as a petition for consular notification.   I don't really see any reason for you to have to leave the US and reenter if you are not going to be getting a new visa and the new petition being approved already indicates that you can work for the new employer and since you are already in H-1B status and not out of status, then your current i-94 can hold.  However, you may want to make sure the immigration record is clean in that the next time you plan to depart the US, make sure that upon your return, you present the new approval notice.  You do not need to obtain a new H-1B visa until the current one is about to expire.


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