Can I travel outside the US while my H1b is pending?
A. Travel On H1B While An H1B Petition Is Pending Foreign nationals in H1B status can travel outside the US and re-enter the United States as long as they have a valid H1B nonimmigrant visa stamp in their passport. Let’s examine the nuances of travel on H1B when an H1B petition is pending. NOTE: It’s always safe to travel after H1B approval.
Can a H-1B visa holder apply for a visa abroad?
When he applies for his H-1B visa abroad, he will provide evidence of the approved H-1B Petition on his behalf and when the visa is granted it will be valid for the period of validity of the H-1B Petition, that is, until December 31, 2006. He can then use that H-1B visa to enter the United States from trips abroad anytime until December 31, 2006.
What happens if H1B extension of stay is not valid?
If an H1B extension of stay petition has been filed and the employee does not have a valid H1B visa, he/she will be able to get an H1B visa stamp if travel abroad is undertaken and the underlying H1B petition is still valid.
What to do if your H-1B visa stamp expires?
If your passport will expire within six months, we recommend renewing it. If your visa stamp will expire while you are abroad, you will need to visit a U.S. consulate for an interview and get a new H-1B visa stamp to return to the United States. If you are traveling to a country other than your home country, you may need a visitor’s visa.
How long can I travel outside the US on H-1B?
Normal vacation periods of two to four weeks should not pose any problems at the border as far as re-entry, but immigration does have the right to see all of your H1B visa documentation.
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...•
What happens to H-1B if I leave country?
However, if you travel outside of the U.S. after your I-94, and thus your H-1B status, is expired, you will not be able to reenter the U.S. in H-1B status until your extension is approved and you obtain your I-797 approval notice.
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 I visit Canada with US H-1B visa?
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.
Can I go to Canada for H-1B stamping?
You are permitted to travel to Canada and Mexico for less than 30 days without a H-1B visa stamp in your passport (you still need to take the other documents mentioned above). For detailed information about automatic visa revalidation, please refer to the information provided on Department of State's website .
Can I leave the US and come back on H-1B?
International Travel You cannot continue to work, earn money from a U.S. source, or travel internationally and reenter the U.S. in H-1B visa status during the 10-day grace period. Your H-4 dependent family may also stay in the U.S. with you during the grace period.
Can I quit my job on H-1B visa?
Although the United States Citizenship and Immigration Services (USCIS) can permit a 60-day grace period for H-1B holders who resign or get laid off in their jobs, the agency can also withdraw the grace period. This can happen for H-1B holders who do not possess clear and convincing evidence of quitting.
What are the potential issues that an H1B visa holder might have?
The only potential issue that an H1B visa holder might have is if other immigration policies somehow restrict entry. For example, when the Trump administration banned entry to the US for citizens of some countries, there were H1B visa holders that got trapped outside the country for a while.
How long is an H1B visa valid?
For example, if you left for three months, the H1B is valid for six years, three months total.
What is the purpose of the H-1B Memorandum?
The purpose of this memorandum is to describe the rules governing international travel while on H-1B visa status as well as the general process of applying for new and revalidated H-1B visas.
What is the age limit for a DS-157?
Form DS-157, Supplement to Visa Application Form (only required of male applicants over the age of 16);
Which countries are subject to special law enforcement clearances before a visa can be issued?
While the United States government has not revealed these countries, they are assumed to include Afghanistan, Algeria, Bahrain, Bangladesh, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, the United Arab Emirates and Yemen. As in the case of the State 7 group, this security clearance procedure will generally take several months to complete.
Can a foreigner work with an employer in the US?
A foreign national who is in the United States in H-1B visa status with an employer is permitted to work with that employer and remain in the United States for the length of period of his approved status. His H-1B status is reflected on a Form I-94, Departure Record, which he receives either when he enters the United States and passes through Immigration Control or when his temporary visa status is either changed to H-1B (from, for instance, an F-1 student visa status) or extended (as for instance in the case of transferring to a new United States employer).
Do I need a photocopy of my H-1B?
In addition to these core documents, the applicant should have with her a photocopy of the H-1B Petition filing package for her current employer and if the foreign national’s spouse and children are applying for H-4 visas, then documentation must be submitted as part of their application to show family relationship to the sponsored H-1B employee (i.e., marriage certificate and in the case of children, birth certificates).
How to activate H1B?
In order to activate the H1B, the beneficiary must leave the US and obtain an H1B visa stamp and re-enter or the employer must file a new Change of Status/Amendment petition. 2. Travelling Outside The US When H1B Change Of Status Petition Is Approved With A Future Start Date.
Can a H1B beneficiary travel outside the US?
If an H1B Beneficiary is travelling outside the US after an H1B petition is approved with a future start date but is re-entering the US before the validity of the H1B begins, the foreign national may enter the US in the previously held nonimmigrant status.
Can a beneficiary return to the US in their previous status?
The beneficiary may only return to the US in their previous nonimmigrant status (if still valid or applicable) or the beneficiary must wait until the H1B petition is approved so that he/she can obtain an H1B visa stamp with which to re-enter the US.
Can I use an I-94 for an H1B extension?
If the H1B extension of stay petition is approved while she is abroad, her employer should send her the approval notice. She can then use the new approval notice and existing visa stamp to re-enter the U.S. CBP should give her an I-94 that matches the expiration date of the new approval notice.
Can Elizabeth travel to the US?
Yes, Elizabeth will be able to travel on H1B visa and re-enter the US with the previously issued H1B visa stamp and H1B approval notice. Once she re-enters and after the H1B petition is approved, her status will be extended. If the H1B extension of stay petition is approved while she is abroad, her employer should send her the approval notice. She can then use the new approval notice and existing visa stamp to re-enter the U.S. CBP should give her an I-94 that matches the expiration date of the new approval notice.
Can an H1B extension be denied?
If the H1B Extension of Stay is denied while the employee is outside the US, he/she should still be able to re-enter the US based on the still valid, previously issued approval notice and visa.
Can an H1B employee enter the US without an H1B visa?
b. If the H1B employee enters the US without the new H1B petition approval notice , CBP will admit the employee based on the previously issued H1B approval notice and H1B visa, which will have a shorter expiration date than the newly approved petition. The employee must leave and re-enter with the new approval notice (and possibly need to obtain a new H1B visa stamp if the previously issued visa is no longer valid) or the employer must file a new extension of stay petition to extend the employee’s I-94.
2 attorney answers
It's not clear from the information you posted, but if you are being told that you can't (or maybe just shouldn't) travel, you should listen to that advice.
Laura L Lichter
Doing so will result in the abandonment of the H-1B change of status and will require that you obtain an H-1B visa stamp AFTER the H-1B petition is approved and use that to enter the US AFTER September 20.
