When an individual is on an H-1B visa, there are important
guidelines to follow when entering and departing the U.S. Failure to comply
with these guidelines may jeopardize the validity of the H-1B status.
If you are applying for an H-1B petition as a change of
status, traveling outside the U.S. will automatically invalidate your request
to change to H-1B status. If the petition is later approved by USCIS, you will
need to apply for an H-1B visa at a U.S. Consulate before entering the U.S.
with H-1B status. It is not recommended to travel while an H-1B transfer is
pending.
If you are applying for an H-1B extension, you can travel
outside the U.S. without applying for an H-1B visa. However, you must notify
USCIS to have the new Form I-797, Notice of Approval, mailed to you overseas.
It is important to use the latest approval notice when entering the U.S. to
ensure the I-94 is also extended.
If you are applying for an H-1B transfer, you can travel
outside the U.S. if you have a valid passport, H-1B visa, and Form I-797,
Approval Notice of H-1B. If your H-1B visa expires before your reentry to the
U.S., you will need to stay abroad until your new visa is approved.
It is crucial not to travel during the 240-day automatic
extension of work authorization after the current H-1B period has expired.
Traveling during this time will require you to stay abroad until the extension
is approved and apply for a new visa to reenter the U.S. in H-1B status.
During the H-1B renewal process, travel plans depend on
processing times, which vary depending on the location of the applicant and
where the H-1B petition was filed. It is advisable to check the processing
times on the USCIS website for the specific filing location. While the process
is pending, you can travel, but it is recommended to take necessary precautions
before leaving the U.S. It is important to present the latest approval notice
upon reentry to ensure an I-94 is issued with the updated expiration date.
Therefore, notifying USCIS to have the new approval notice sent to you overseas
is necessary.
Please note that these are general guidelines
for traveling with a pending or transferring H-1B visa. It is highly
recommended to consult with an attorney who can provide personalized advice
based on the specific circumstances of each case.