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Travel during 'Intent to Deny' Notice on amendment

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Posted by mnamdeo (2) 13 Feb 2018#1
Hi all,
I will really appreciate your urgent help on my Query.My amendment is in " intent to deny" status for which my employer responded with justification on 12th Feb. My Travel is planned on 10th March which I can not avoid.My Visa is valid till Aug 2018.
The reason it was issued is because of the order in which USCIS processed the cases (As per my employer).
1. In June we filed a 2nd amendment for most recent project.
2. At that time, my previous (1st) amendment filed was still pending with USCIS. On my amendment, employer requested an end date of 8/1/18 as that was my valid end date at the time, based on my previous (Visa End Date) approval notice.
3. The pervious amendment with a 7/15/18 end date was approved in October, while my amendment was still pending.
· My Employer think that USCIS did not notice we filed our 2nd amendment before they adjudicated the 1st one and thought we were asking for an extension (even though it was only 2 weeks different).
· Because they thought we were requesting an extension since we didn’t ask for the 7/15/18 end date (which didn’t exist at the time of filing), they are questioning why we didn’t pay the $1500 fee (together $1960). We filed the amendment fee of $460.

Can I travel in this case?
Thanks
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Posted by usics (343) 13 Feb 2018#2
to mnamdeo:

If you have your original approved petition I797 (or stamped visa) until Aug' 18 you are good to travel.
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Posted by mnamdeo (2) 14 Feb 2018#3
to usics:

thank you so much for your response.Yes , I have original petition approved till Aug 2018.So this means Even if My current amendment Deny I will not face any problem during immigration while coming back?my employer is directing me to avoid travel.
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Posted by usics (343) 14 Feb 2018#4
to mnamdeo:

True, your amendment was denied not your original petition - You are good to work on the LCA location with the original petition.
Employers always say this becaz if something happens to the next petition they need a bakra....
In 2015 when my H1 transfer was approved, my new employers attorney asked me to avoid travel before joining the firm, but I did & everything went cool, because I had all original approved docs.
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