Introduction

You are in the U.s., an H1B petition has been filed on your behalf and is pending, and you demand to travel outside the US on a family emergency. What tin can you do? It is a common dilemma that many H1B workers find themselves in.

Let united states examine when travel on H1B is prophylactic while an H1B petition is pending, and the contexts when H1B travel outside the US can have an agin consequence on the H1B process.

A. Travel On H1B While An H1B Petition Is Pending

Foreign nationals in H1B condition can travel exterior the U.s.a. and re-enter the United States equally 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 later on H1B approval.

DID YOU KNOW?
Canadian H1B holders are visa exempt and tin can travel as long their H1B petition validity dates have not expired.

i. Travel on H1B While H1B Extension of Stay or H1B Amendment Is Pending With The Same Employer

If an H1B petition to extend and/or amend H1B condition with the same employer is pending with U.Southward. Citizenship & Clearing 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 Usa before the expiration of the current H1B approving discover.

Simply put, if the individual's original H1B status has not expired, then H1B travel outside the United states is mostly allowed.

2. Travel Outside The US When Beneficiary Does Not Have A Valid H1B Visa

If an H1B extension of stay petition has been filed and the employee does not have a valid H1B visa, he/she will exist able to go an H1B visa stamp if travel abroad is undertaken and the underlying H1B petition is still valid.

If an H1B Amendment 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 US in this scenario is not recommended.

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

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 Detect (I-797, Notice of Activeness) for the Modify of Employer petition.

The H1B employee cannot travel outside the US, however, if he/she does not already accept a valid H1B visa postage in the passport. If the H1B employee travels out of the Usa and does non already have a valid visa postage in the passport, he/she will need to wait for the H1B blessing and then obtain the H1B visa stamp earlier being able to re-enter the US.

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

4. H1B Petition Is Adjudicated While The Employee Is Travelling Outside The US

If the H1B Extension of Stay petition or Alter 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 canonical

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

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 blessing notice and H1B visa, which will have a shorter expiration appointment than the newly approved petition. The employee must get out and re-enter with the new blessing notice (and possibly demand 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'due south I-94.

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 United states based on the nevertheless valid, previously issued approval find 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 Instance Scenario
Elizabeth

Elizabeth is in the Us in H1B status. She is working for XYZ, Inc. Her H1B condition expires in two 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. She has a valid H1B visa postage stamp in her passport. Can she travel outside the US?

Yep, Elizabeth will be able to travel on H1B visa and re-enter the The states with the previously issued H1B visa stamp and H1B approval notice. In one case 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 away, her employer should transport her the approving notice. She can then use the new blessing find and existing visa stamp to re-enter the U.South. CBP should give her an I-94 that matches the expiration engagement of the new approval notice.

B. Travel Outside The U.s.a. While H1B Change Of Status Is Pending

Foreign nationals in valid nonimmigrant condition may have an employer file an H1B Change of Condition petition on their behalf. Lets examine the various scenarios when a need to travel outside the US arises while the Alter of Status petition is pending.

Annotation: It's always condom to travel after H1B approval.

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

Travel outside the US while an H1B Change of Condition petition is pending volition outcome in automatic abandonment of the asking to change condition. In this scenario, USCIS may still approve the request for H1B by the employer, just the change of condition request should be denied.

The casher may just return to the United states of america in their previous nonimmigrant status (if still valid or applicative) or the beneficiary must wait until the H1B petition is approved and then that he/she tin obtain an H1B visa stamp with which to re-enter the U.s..

DID Yous KNOW?
If a Beneficiary travels outside the United states while an H1B Change of Status is pending, USCIS may inadvertently approve the change of condition. Beneficiaries who returned to the US in the previously held nonimmigrant status should not rely on this approval. In order to actuate the H1B, the beneficiary must leave the The states and obtain an H1B visa stamp and re-enter or the employer must file a new Change of Condition/Amendment petition.

2. Travelling Outside The U.s.a. When H1B Change Of Condition Petition Is Approved With A Time to come Outset Engagement

If an H1B Beneficiary is travelling outside the United states after an H1B petition is approved with a future start date but is re-entering the U.s.a. before the validity of the H1B begins, the foreign national may enter the U.s.a. in the previously held nonimmigrant condition. The foreign national's nonimmigrant condition will then modify to H1B equally of the appointment of the H1B validity beginning date.

IMPORTANT
If an H1B Casher undertakes a travel outside the United states after an H1B petition is approved with a future kickoff date but is re-entering the US later on the validity of the H1B begins in some other nonimmigrant status, the H1B Change of Status is effectively abandoned.

Requirements To Travel After H1B Approval.

My Case Scenario
Elizabeth

Elizabeth was in H4 condition and an H1B Modify of Condition petition was filed on her behalf. While the H1B Change of Condition was awaiting, she traveled outside the The states. The H1B was approved when she was abroad. What effect does that have on her H1B? What were her options to return to the United states?

When Elizabeth left the US while the H1B Change of Status was awaiting, the asking for Change of Status was abandoned. Elizabeth would have had 2 options to re-enter the U.s.:

  1. Obtain an H1B Visa stamp at the US Consulate once the H1B was canonical and travel on H1B visa to re-enter the US in H1B status.
  2. Return to the Usa with a valid H4 visa to resume her H4 condition. With this pick, once the H1B was canonical, she would have to leave the United states of america again to obtain an H1B visa and re-enter OR her employer would have file a new H1B petition to alter her status.

Conclusion

Travelling exterior the US while an H1B petition is awaiting has numerous pitfalls and can exist risky unless the employee is armed with the authentic data, and proper precautions are taken before undertaking the H1B travel outside the U.s..

If you have any queries nearly travel on H1B visa, or travel outside the United states of america while an H1B petition is awaiting, or need assistance filing for a US visa or Green Card, contact VisaPro for a FREE Immigration Lawyer Consultation.

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