Travel Abroad During H-1B Application?

International travel while applying for an H-1B visa can be complicated and requires careful planning. It is generally advised that you do not travel outside the US during a pending change of status H-1B petition, as this can affect your work authorization eligibility and immigration status. If you have a valid H-1B visa in your passport, you are permitted to travel outside the US and return as long as you re-enter before your visa's expiration date. However, if you are awaiting a decision on your H-1B application or extension, leaving the US without preparing in advance can lead to significant issues. USCIS may consider you to have abandoned your pending application, which could block you from re-entering the country.

Travel outside the US while awaiting H-1B approval

International travel while awaiting H-1B approval can be complicated, and it is recommended that you consult an adviser or immigration attorney before you travel if you have any questions about your situation.

If you are in the US and attempting to change your status to H-1B, or if your dependents are applying for a change of status to H-4, do not travel outside the US while the petition is pending with USCIS. If you do, USCIS may consider you to have abandoned your petition and deny your change of status. In this situation, you would have to exit the US, apply for a new H-1B visa stamp, and re-enter.

If you are awaiting an H-1B extension, international travel is permitted if you have an unexpired visa, but be aware of a few points before taking your trip. First, you must be present in the US at the time your employer files your extension petition. If you have a pending extension petition and you travel outside the US, returning prior to your status and visa expiration dates, be sure to carry the following documents:

• Valid H-1B visa in unexpired passport
• Most recent I-797 H-1B approval notice
• Two of your most recent pay stubs and/or employment verification letter from your employer

If your extension is approved while you are abroad, you will need to re-enter the US with your new I-797 approval notice. This might mean that you'll need to have your approval notice sent to you while you are abroad so that you can present it when you re-enter the United States. Also, if your visa expires while you are abroad, you will need to visit a US consulate or embassy to obtain a new one prior to returning.

If you have a pending H-1B extension but your I-94 is expired, you are allowed to remain and work in the US while your extension is pending, up to 240 days past your expiration date. However, if you travel outside of the US after your I-94 and H-1B status have expired, you will not be able to re-enter the US in H-1B status until your extension is approved and you obtain your I-797 approval notice.

International travel while awaiting approval of an H-1B job transfer is allowed, but you'll want to plan carefully. If you are still employed with your previous employer and have valid H-1B status and a valid visa, you may use these for your international trip. However, if you are no longer working for your previous employer, you may not enter the US until a new employer files an H-1B petition for you, and you have at least a copy of the I-797 Receipt Notice to show that the new employer's petition is pending. When you return to the United States, you can show the immigration officer the H-1B visa in your passport from your prior employer, the I-797 Receipt Notice for the new employer's H-1B petition, and the offer letter for your new job.

The most conservative route is to secure approval of the new employer's H-1B petition and then return to the United States either with a new visa or with a valid H-1B visa from a prior employer and the new employer's I-797 Approval Notice.

Travel to Canada or Mexico without a visa

If you are in the process of applying for an H-1B visa, it is recommended that you do not travel outside of the US until your petition has been approved. If you do, the USCIS may claim that you have abandoned your petition and deny your change of status.

However, if you are already in the US on an H-1B visa, it is possible to travel to Canada or Mexico for less than 30 days without a visa and still be allowed to re-enter the US. This is called "automatic visa revalidation". To be eligible for automatic visa revalidation, you must meet the following requirements:

• Your trip must be to Canada or Mexico only.
• Your stay in Canada or Mexico must be 30 days or less.
• You must have a valid, unexpired passport.
• You must have a valid, unexpired I-797 Approval Notice.
• You must have a printout of your current I-94.
• You must have an expired H-1B visa in your passport.
• You must not apply for a new visa at a US Embassy or Consulate while in Canada or Mexico.
• You must have maintained and intend to resume non-immigrant H-1B status.
• You have never had a visa cancelled under INA § 222(g).
• You must not be inadmissible as a nonimmigrant under INA § 212.

Please note that citizens from Cuba, Iran, North Korea, Sudan, and Syria are not eligible for automatic visa revalidation. It is also important to allow extra time at the Port of Entry (airport or land border) for immigration inspection, and to double-check any stamps or notations in your passport before leaving the inspection area.

Returning to the US after a temporary absence

International travel with H-1B status can be complicated, so it is recommended that you check with your adviser before you travel if you have any questions about your situation.

If you are in the US and attempting to change your status to H-1B, do not travel outside the US while the petition is pending with USCIS. If you do, USCIS may say that you have abandoned the petition and deny your change of status. In this situation, you would have to exit the US, apply for a new H-1B visa stamp, and re-enter.

If you are returning to the US after a temporary absence, be prepared to show the following to the Customs and Border Protection officer:

• Original and unexpired Form I-797 Approval Notice.
• A passport valid for at least 6 months beyond the end date of your expected stay. Some countries have an agreement with the US that automatically extends passport validity for 6 months, for US entry purposes only.
• A letter from your host department confirming you are returning to continue full-time employment in the job described in the I-129 petition.
• Photocopies of the I-129 petition and supporting documentation including Form ETA 9035 Labor Condition Application.
• A valid H-1B visa stamp. (Canadian citizens are visa-exempt.)

If your visa has expired, it may be extended by presenting the documents listed above to a US consulate. Anticipate delays due to security reviews. For information about the visa process and to schedule an interview appointment, contact the US consulate in the city where the application will be submitted.

Short Travel to Canada or Mexico under Automatic Visa Revalidation

A valid H-1B visa stamp is not required for re-entry to the US following a visit of less than 30 days in Canada or Mexico, as long as you have a valid H-1B approval notice. This is called automatic visa revalidation. However, if you apply for a new visa while in Canada or Mexico, you will not be able to return to the US unless the visa is granted. Automatic visa revalidation is not available to nationals of countries on the State Sponsors of Terrorism list.

International travel while awaiting an H-1B extension

Firstly, you must be physically present in the U.S. when the extension petition is filed with the U.S. Citizenship and Immigration Services (USCIS). If you have to travel before the extension is approved, you should be aware of the risks involved. If your H-1B extension petition is approved while you are abroad, you will need to re-enter the U.S. with the new I-797 approval notice. This means that the documents must be sent to you while you are outside the U.S. so that you can present them upon re-entry. If you re-enter the U.S. with your old approval notice, your I-94 will only be valid until the expiration date of the previous H-1B approval, and you will likely have to travel again to correct this.

If your current H-1B status has expired and your extension is still pending, you must not travel internationally, as you will need a valid H-1B approval and visa to re-enter the country. If you must travel, you will need to remain outside the U.S. until your H-1B extension is approved, which could take longer than initially planned and cause issues with your U.S. employment.

If you travel after the H-1B extension has been approved but before the current H-1B petition expiration date, it is advisable to carry both the current and new approval notices. If your H-1B visa is still valid on your re-entry date, you may use it for admission. Additionally, if your visa expires while you are abroad, you will need to visit a U.S. consulate or embassy to obtain a new one before returning to the U.S.

To summarise, while international travel during the H-1B extension process is generally allowed, it is important to carefully consider the timing of your travel plans and be prepared for potential complications upon re-entry to the U.S. It is always best to consult with an expert before making any travel decisions.

Travel while awaiting approval of an H-1B job transfer

International travel while awaiting approval of an H-1B job transfer is permitted, but careful planning is required. If you are still employed with your previous employer and have a valid H-1B status and visa, you may use these for your trip. However, if you are no longer working for your previous employer, you will need at least a copy of the I-797 Receipt Notice to show that a new employer's petition is pending. In this case, when you return to the United States, you can show the immigration officer the H-1B visa from your prior employer, the I-797 Receipt Notice for the new employer's H-1B petition, and the offer letter for your new job.

The most conservative approach is to secure approval of the new employer's H-1B petition and then return to the United States with a new visa or a valid H-1B visa from a prior employer and the new employer's I-797 Approval Notice. It is important to note that you must have a valid visa stamp in your passport to re-enter the US, unless you are a Canadian citizen or are making a short trip to Canada or Mexico.

When travelling, it is recommended that you carry the following documents:

• Valid H-1B visa in an unexpired passport
• Most recent I-797 H-1B approval notice
• Two of your most recent pay stubs and/or an employment verification letter from your employer

By presenting these documents upon re-entry, you should have minimal trouble returning to the US in H-1B status.

Frequently asked questions