Introduction

You lot are in the United states, an H1B petition has been filed on your behalf and is pending, and you need to travel exterior the US on a family emergency. What can you practise? It is a mutual dilemma that many H1B workers find themselves in.

Let us examine when travel on H1B is condom while an H1B petition is pending, and the contexts when H1B travel outside the US tin have an agin upshot on the H1B process.

A. Travel On H1B While An H1B Petition Is Awaiting

Strange nationals in H1B status can travel exterior the US and re-enter the United States as long as they accept 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 e'er prophylactic to travel after H1B approval.

DID You lot KNOW?
Canadian H1B holders are visa exempt and can travel as long their H1B petition validity dates take not expired.

1. Travel on H1B While H1B Extension of Stay or H1B Amendment Is Awaiting With The Same Employer

If an H1B petition to extend and/or better H1B status with the same employer is pending with U.S. Citizenship & Immigration Services (USCIS), the H1B employee may exist able to travel on H1B if:

a.He/she is traveling on an unexpired H1B visa

b.He/she is going to return to the US before the expiration of the current H1B approving notice.

Simply put, if the individual'southward original H1B status has not expired, then H1B travel outside the US is more often than not allowed.

2. Travel Outside The The states When Beneficiary Does Non Take A Valid H1B Visa

If an H1B extension of stay petition has been filed and the employee does not take a valid H1B visa, he/she volition be able to get an H1B visa stamp if travel away is undertaken and the underlying H1B petition is even so valid.

If an H1B Subpoena petition has been filed and the employee has already begun working pursuant to the terms of the amended petition, the employee cannot seek to obtain a new visa stamp until the amendment is approved. Travelling outside the United states in this scenario is not recommended.

3. Travelling Outside The US While An H1B Alter of Employer Petition Is Awaiting

If an H1B petition is filed for a Change of Employer and the H1B employee begins working for the new employer under AC21 H1B Portability, the H1B employee may be able to travel on H1B while the petition is pending if:

a.He/she is traveling on an unexpired H1B visa;

b.He/she was previously lawfully admitted and has maintained their H1B status; and

c.He/she is carrying the H1B Receipt Discover (I-797, Notice of Activeness) for the Change of Employer petition.

The H1B employee cannot travel exterior the United states, however, if he/she does not already have a valid H1B visa stamp in the passport. If the H1B employee travels out of the United states of america and does non already take a valid visa stamp in the passport, he/she will need to look for the H1B approval and then obtain the H1B visa stamp before being able to re-enter the United states of america.

DID YOU KNOW?
If an H1B Modify of Employer petition is pending but the employee has decided to remain with his or her electric current employer, then travel outside the US is not an issue as long as the employee has a valid H1B approval notice and H1B visa postage stamp (or can obtain one before re-entering).

four. H1B Petition Is Adjudicated While The Employee Is Travelling Exterior The Usa

If the H1B Extension of Stay petition or Change of Employer petition is adjudicated while the H1B employee is exterior the US, he/she has several options:

H1B Petition Is Approved H1B Petition Is Denied
If the H1B Extension of Stay petition or Change of Employer petition is approved

a.If the H1B employee can obtain the new approval notice and has a valid H1B visa postage stamp in the passport, the employee can nowadays the new H1B approval notice and the previously issued H1B visa postage at the Port of Entry. CBP should admit the H1B employee for the full validity of the newly canonical H1B petition.

b.If the H1B employee enters the US without the new H1B petition approving notice, CBP will admit the employee based on the previously issued H1B approval notice and H1B visa, which will take a shorter expiration engagement than the newly approved petition. The employee must leave and re-enter with the new approval discover (and maybe 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.

If the H1B Extension of Stay is denied while the employee is outside the The states, he/she should still be able to re-enter the US based on the notwithstanding valid, previously issued approval notice and visa.

If an H1B Change of Employer petition is denied while the employee is travelling exterior the US, the employee volition not be able to return to the US if he/she has availed themselves of H1B portability.

Requirements To Travel After H1B Approval.

My Case Scenario
Elizabeth

Elizabeth is in the US in H1B status. She is working for XYZ, Inc. Her H1B status expires in 2 months and her employer has already filed an H1B Extension of Stay on her behalf. Elizabeth needs to go out of the country on urgent business organization. She has a valid H1B visa postage in her passport. Tin she travel outside the US?

Yes, Elizabeth volition be able to travel on H1B visa and re-enter the US with the previously issued H1B visa stamp and H1B approval find. One time 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 ship her the approving discover. She can so use the new blessing notice and existing visa stamp to re-enter the U.South. CBP should requite her an I-94 that matches the expiration appointment of the new approval notice.

B. Travel Outside The US While H1B Change Of Condition Is Pending

Strange nationals in valid nonimmigrant status may have an employer file an H1B Change of Status petition on their behalf. Lets examine the various scenarios when a need to travel exterior the U.s.a. arises while the Change of Status petition is awaiting.

NOTE: It's always rubber to travel later H1B approval.

1. Travel Outside The US When H1B Change Of Status Petition Is Awaiting

Travel exterior the US while an H1B Change of Status petition is pending will effect in automated abandonment of the request to change status. In this scenario, USCIS may nonetheless approve the asking for H1B by the employer, but the alter of status request should be denied.

The beneficiary may but render to the U.s.a. in their previous nonimmigrant condition (if still valid or applicable) or the casher must await until the H1B petition is approved so that he/she can obtain an H1B visa postage with which to re-enter the US.

DID YOU KNOW?
If a Beneficiary travels outside the US while an H1B Change of Condition is pending, USCIS may inadvertently approve the change of status. Beneficiaries who returned to the US in the previously held nonimmigrant status should not rely on this approval. In gild to activate the H1B, the casher must go out the US and obtain an H1B visa stamp and re-enter or the employer must file a new Modify of Status/Amendment petition.

2. Travelling Outside The U.s. When H1B Alter Of Status Petition Is Canonical With A Future Start Date

If an H1B Beneficiary is travelling exterior the US later an H1B petition is approved with a hereafter start date merely is re-entering the US before the validity of the H1B begins, the foreign national may enter the Usa in the previously held nonimmigrant condition. The strange national'southward nonimmigrant condition will so change to H1B every bit of the appointment of the H1B validity start engagement.

Important
If an H1B Beneficiary undertakes a travel exterior the United states after an H1B petition is approved with a future first date but is re-entering the United states of america after the validity of the H1B begins in another nonimmigrant status, the H1B Change of Status is effectively abased.

Requirements To Travel After H1B Approval.

My Example Scenario
Elizabeth

Elizabeth was in H4 condition and an H1B Change of Status petition was filed on her behalf. While the H1B Change of Status was pending, she traveled outside the U.s.a.. The H1B was approved when she was abroad. What event does that take on her H1B? What were her options to render to the US?

When Elizabeth left the United states of america while the H1B Alter of Status was pending, the request for Modify of Status was abased. Elizabeth would have had 2 options to re-enter the US:

  1. Obtain an H1B Visa stamp at the Usa Consulate once the H1B was approved and travel on H1B visa to re-enter the US in H1B status.
  2. Return to the US with a valid H4 visa to resume her H4 status. With this choice, once the H1B was approved, she would take to leave the US again to obtain an H1B visa and re-enter OR her employer would have file a new H1B petition to change her status.

Conclusion

Travelling exterior the US while an H1B petition is pending has numerous pitfalls and can be risky unless the employee is armed with the accurate information, and proper precautions are taken before undertaking the H1B travel outside the United states.

If yous take any queries nearly travel on H1B visa, or travel outside the Usa while an H1B petition is pending, or need assistance filing for a Usa visa or Light-green Card, contact VisaPro for a Costless Immigration Lawyer Consultation.

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