I need suggestions with respect to my h1b amendment.
I am currently working ft in USA under h1b visa. I have my i140 approved. My current h1b visa is valid till Jan 2023. My current h1b i797 approval is valid till Dec 2023 and so is my i94.
My employer is wanting to amend my h1b due to an org restructuring within the company. Same location but different org. My employer is preparing the petition as an amendment petition and also requesting 3 years to be extended from now but with cable notification (aka) consular notification.
Normally they submit an extension petition only around 6 months to the expiration which would be June 2023. But my employer is doing this early citing the above reason. (I am still trying to understand what the is need for submitting with consular notification in my case).
As you might know the only difference between a (Cable Notification – Approval Notice) and (Change of Status, Change of Employer or Extension of Stay –Approval Notice) is the I-94 card. Cable notice approval notice wont have the I-94 card at the bottom. So, I need to go out and re-enter USA to validate my status
Now, kindly help with my questions.
I know with consular notification, i need to take the approved petition to a US consulate and get a new h1b stamp. But if i have a valid visa stamp already, can I re-enter USA using the already existing stamp + newly approved h1b amendment i797 approval notice (which might clearly state consular processing).
Have anyone been in this situation?