Can a H1B visa holder work from another country?
The basic requirement is for the beneficiary of this work visa to work from within the U.S. for a set duration of time. As long as their work location is within the same metropolitan statistical area (MSA) as the employee’s normal worksite location then he may continue to work under a valid H1-B visa status.
Can I travel outside the US while my H1B change of status pending?
You can travel outside US while H1B change of status is pending. The risk of travel is that USCIS will automatically abandon your Change of status request. H1B Change of Status application status at the time of re-entry to USA:
Can I travel to India with an H1B extension?
You can travel to India while H1B extension is in progress and visa is still valid for re-entry. You will have to get the hard copy of your approved H1B’s i797 and apply for an H1B visa at the US embassy before you can enter the USA with NEWLY approved H1B extended petition.
How far can I move with H1B visa?
The law permits moving H-1B employees anywhere within “Normal Commuting Distance” of an approved location mentioned within the LCA at the time of filing for the H1-B visa. However, additional compliance is needed if the job is relocated more than 50 miles from an approved location and exceeds beyond 60 working days.
Which countries can H-1B visa holders travel to?
In this article, we have carefully picked the 10 best countries to travel visa-free with a valid US F1, J1, or H1B visa from the list of the 23 countries....10 best countries for visa-free travel with a US visaBelize. ... Georgia. ... Qatar. ... Turkey. ... The Dominican Republic. ... Island of Turks and Caicos. ... Bermuda. ... Panama.More items...•
How long can I stay out of US on H-1B?
Introduction to Extensions of Stay for H1B Visa Workers beyond 6-Year Limit. Workers in the United States on nonimmigrant H1B status are limited to a maximum stay of six years in the United States on H1B status.
Can I travel outside US after H-1B approval?
Once USCIS approves your change of status petition, you may travel internationally. Your H-1B status will take effect on the date that was requested. While travel, as outlined above, is permissible, you may encounter difficulties when re-entering the U.S. or when applying for a visa for your current status.
Can I travel outside the US during H-1B extension?
You can travel outside the USA during pending H1B extension. Make sure you have an existing H1B visa that is valid on the date of your re-entry to avoid trouble. If your current H1B visa has already expired and you travel, you will NOT be able to enter the USA until your pending H1B extension is approved.
Can H-1B work remotely from India?
Working remotely from India is allowed if you are traveling to India on vacation or on short business trips. You can also receive your salary in USD while you are away on your vacation. Usually, people will take PTO (Paid Time Off) from their H1B US employer and then travel.
Can H-1B work two jobs?
The law does allow for concurrent employment, meaning you can work 2 H1B jobs simultaneously. However, a separate H1B application must be filed before work for the second employer may begin. All of the same rules apply to the second H1B job that apply to the first.
Can I go to Canada with H-1B?
Short Travel to Canada or Mexico under Automatic Visa Revalidation. A valid H-1B visa stamp (or H-4 visa stamp) is not required for reentry to the U.S. following a visit of less than 30 days in Canada or Mexico, as long as you have a valid H-1B approval notice.
What happens when H-1B is approved?
If the application has been approved the employer will receive an approval notice from the USCIS, this approval notice will be forwarded to the employee so that he/she may be able to produce this at the visa office for stamping of the visa.
When can I travel after H-1B approval?
You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice.
Can H1B visa holders return to US?
You are required to have a valid H-1B visa in your passport to return to the U.S. from all countries except for brief trips (less than 30 days) to Canada & Mexico (see below).
What To Do If H1-B Holder Has To Work Remotely From India?
Employers hiring H1-B visa holders have to post either an electronic or a hard copy notice informing US workers that a foreign worker is working at worksite location.
Who should consult with an immigration lawyer?
Please Note: This information is for guidance purposes only. Everyone impacted or seeking answers should consult their immigration lawyer for legal guidance before taking a decision or making a move beyond their Area Of Intended Employment
Can an alien who lives abroad work part time?
In addition, the limitations shall not apply to aliens who reside abroad and regularly commute to the United States to engage in part-time employment….To qualify for this exception, the petitioner and the alien must provide clear and convincing proof that the alien qualifies for such an exception.
Does the new LCA cover H-1B workers?
The new LCA should cover the new worksite at which place H-1B workers intend work as well as details of why the change was required.
Travel to or through Canada
There are new requirements for travelling to or through Canada. Some travelers may not need a visa but need Electronic Travel Authorization (eTA) to enter or transit Canada. Go to this page to see if you need an eTA or a visitor visa to enter Canada: http://www.cic.gc.ca/english/visit/visas.asp You should plan that you will need one or the other.
Plan for Additional Wait Times
If you have to get a new visa while you are abroad, the process can take six weeks or more because of security clearances. When you make travel arrangements, you and your department should plan for the possibility of these wait times.
What happens during a visa appointment?
During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States.
How much is the visa fee for each machine readable visa?
There will be a visa fee of at least $190 for each machine-readable visa issued. A reciprocity fee may also be required. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. It is therefore difficult to predict how long the wait will be for each visa issuance. You can check visa-waiting times here, and you can check consular procedures here.
How to check I-94 card?
Customs and Border Protection (CBP) has implemented an electronic I-94 system. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. Please also be sure to email us a copy of the I-94 printout for your file. If there is an error, check here for instructions on how to fix an I-94 card within the U.S.
How long does it take to get a visa stamp?
Typical administrative delays are 2-4 weeks, but some are much longer. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be.
How many days before I-797 approval date can I work?
You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice.
What should an applicant be prepared to provide to the consular officer about the position?
Applicants should be prepared to provide a succinct “elevator pitch” explanation to the consular officer about the position. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer.
Where is the I-94 on an I-797?
If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to “activate” your H-1B approval.
Where to show H1B transfer i797?
Show the approved H1B transfer i797 at the immigration counter at the port of entry to get i94 with the H1B transfer expiry date.
Can an immigration officer deny your entry?
The immigration officer may deny your entry as you do not have the approved H1B for your current new employer.
Does USCIS abandon change of status?
The risk of travel is that USCIS will automatically abandon your Change of status request.
Can I travel while H1B is pending?
Can I travel while my H1B transfer is pending: Yes , you can. But, our suggestion is to avoid travel while H1B transfer is pending if you have already joined (started working) for a new employer-based on H1B receipt. If you are still working with the current H1B employer and waiting for the H1B transfer result, you can travel.
Alexander M. Ivakhnenko
Should be readmitted on your still valid H-1B visa. Pose all further questions to employer's immigration lawyer.
Giacomo Jacques Behar
Please work with the counsel who filed your H-1B. Let the professional provide for the paid services.
Tripti Sharad Sharma
Travel is permitted with a valid visa, passport, maintenance of status and evidence of current employment. Before travel confer with your employer's immigration attorney for advice as to risk of travel and documentary requirements.
Gather and Check Your Documents
- You will need to take the following documents: 1. Your passport 2. Monitor the I-94 websiteto make sure the information is correct We recommend taking the following documents too: 1. Two to three of your recent pay stubs confirming your current employment 2. Original H-1B Approval Notice (Form I-797) 3. A photocopy of your H-1B petition Check your ...
Request A Visitor’s Visa, If Necessary
- If you are traveling to a country other than your home country, you may need a visitor’s visa. You may even need a visa for a transit stop or layover. To find out, visit that country’s embassy websiteand search for the nearest Consular Section.
Travel to Or Through Canada
- There are new requirements for travelling to or through Canada. Some travelers may not need a visa but need Electronic Travel Authorization (eTA) to enter or transit Canada. Go to this page to see if you need an eTA or a visitor visa to enter Canada: http://www.cic.gc.ca/english/visit/visas.aspYou should plan that you will needone or the other.
Plan For Additional Wait Times
- If you have to get a new visa while you are abroad, the process can take six weeks or more because of security clearances. When you make travel arrangements, you and your department should plan for the possibility of these wait times.