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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105149
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a question for immigration lawyers. I am on H1B and

Customer Question

I have a question for immigration lawyers . I am on H1B and have my current I797 valid till DEC 2018. I am with a consulting firm and so I have recently filed for H1B amendment for change of location . I plan to go out of US for a vacation in December and considering the processing time for H1B amendment I don't think I will get an approval on H1B amendment before that . My current H1B stamp on the passport has expired and so I would need to go for H1B stamping when I am traveling .
Can I travel with my current I797 and get it stamped?
Do I need to go for premium processing on I797 ?
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Where is it that you will travel for stamping?

Customer: replied 1 month ago.
I will travel to India which is my home country
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

That's what I was afraid of. Since you have had an H-1B stamp before, I would go to Mexico or Canada for stamping. Many cases in India are put into Administrative Processing. Yes, you can travel while the amendment is pending, but it may be better to file it and do it Premium Processing to make sure that there is no RFE or anything like that which could cause a problem.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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