travel while h1b amendment pending

Travel while H1B Pending (Extension, Transfer, Amendment, COS)

You can travel while H1B is pending with USCIS. H1B Change of Status is abandoned. Transfer, Amendment travel allowed. For re-entry, you need valid H1B.

H1B Travel when Application Pending with USCIS : Travelling while your H1B application is pending approval is risky.

We do not recommend traveling unless you have a real emergency to go out of the USA especially when the Amendment is pending.

We recommend upgrading your H1B application to premium and get approval within 15 days before traveling to be on the absolute safe side.

You can learn quickly by watching this short story about traveling while H1b is pending.

This article will discuss:

H1B Change of Status is Pending Risks

H1b extension is pending uscis decision, h1b amendment is pending result, h1b transfer is pending approval.

You can travel outside the US while H1B change of status is pending. 

The risk of travel is that USCIS will automatically abandon your Change of status request.

H1B Change of Status application status at the time of re-entry to USA:

#1 H1B COS APPROVED

You will have to get the hard copy of your approved H1B’s i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa.

This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA.

#2 Change of Status DENIED

If the H1B COS is denied while you are traveling, you can enter the USA only with any other visa you have.

#3 COS to H1B PENDING

You cannot enter using H1B status as the application is still pending. You need some other valid visa to enter the USA.

The underlying H1B application will be approved (if approved) with consular processing meaning that you will have to go to the US embassy to get H1B stamped in your passport and then re-enter the USA.

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.

You can travel to India while H1B extension is in progress and visa is still valid for re-entry.

H1B extension status when you re-enter USA:

#1 H1B Extension APPROVED

You will have to get the hard copy of your approved H1B’s i797 and apply for an H1B visa at the US embassy before you can enter the USA with NEWLY approved H1B extended petition.

You can still enter using your OLD valid H1B (if any) but, your i94 will be restricted to old H1B’s expiry date.

This will be a problem as you will have to either file another H1B extension to get a new i94 or travel outside the USA again and get extended H1B stamped in your passport.

#2 Extension is DENIED

If the H1B extension is denied while you are traveling, you can only re-enter the USA if your existing H1B visa is still valid at the time of re-entry.

#3 PENDING Extension

You can still enter using your OLD valid H1B (if any) but, your i94 will be restricted to old H1B’s expiry date once it is approved.

You may not get a new i94 with approval.

You can travel internationally while your H1B amendment is still under process at USCIS but we recommend to NOT travel as re-entry risk is very high.

If your amendment status is approved, denied, or pending while you are outside the USA:

#1 APPROVED Amendment

You will need to get the new physical i797 approval shipped to you to re-enter the USA.

#2 H1B Amendment DENIED

You can re-enter the USA using existing H1B approval and stamp but will have to only work using the non-amended H1B.

#3 Amendment is PENDING

You can re-enter the USA using existing H1B approval and stamp but immigration officer will ask tough questions.

• You may be denied entry if you have already started working based on the H1B amendment receipt. This is a very high-risk situation.
• USCIS may not issue a new i94 once the amendment is approved as you exited the US.

If you want to enter the US to work with old approved H1B and old work location (not new location), then you are fine.

You should be able to enter the US without any issues.

Can I travel while my H1B transfer is pending: Yes, you can .

But, our suggestion is to avoid travel while H1B transfer is pending if you have already joined (started working) for a new employer-based on H1B receipt.

If you are still working with the current H1B employer and waiting for the H1B transfer result, you can travel.

Make sure your H1B stays valid at the time of your return to USA.

H1B transfer status when you re-enter USA:

#1 H1B Transfer is APPROVED

If you had already joined the new employer before leaving the USA, you are lucky. Get the H1B i797 hard copy mailed to you outside the USA and then get an H1B stamp using DS-160 in US Embassy.

• If you do not want to get an H1B stamp, you can still enter the USA using your old employer’s H1B stamp is still valid. 
• Show the approved H1B transfer i797 at the immigration counter at the port of entry to get i94 with the H1B transfer expiry date. 
• If the immigration officer entertains your request, you are good. 
• If not, your i94 will be restricted to old H1B’s expiry date.

This will be a problem as you will have to either file another H1B transfer to get a new i94 or travel outside the USA again and get transferred H1B stamped in your passport.

#2 Change of Employer Transfer DENIED

If the H1B application is denied while you are traveling, you can only re-enter the USA if your existing H1B visa is still valid at the time of re-entry.

If you have moved on to a new employer, based on receipt, your old employer would have already withdrawn your H1B approval.

You will NOT be able to enter the USA if its already revoked.

#3 H1B Transfer PENDING

High risk if you have already started working with a new employer on receipt.

The immigration officer may deny your entry as you do not have the approved H1B for your current new employer.

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U.S. immigration basics

Can i travel while my h-1b is pending.

By Annie Blay

Perhaps you’re considering leaving the U.S. while you wait for your H-1B petition to be approved. Or maybe you want to apply for an H-1B but first need to know if it’ll impact your ability to travel. 

The short answer is this: In most situations, you can travel internationally while your H-1B petition is pending. 

The challenge? You need a valid H-1B stamp to re-enter the country. If you don’t already have a stamp, you’ll have to go to a U.S. consulate abroad first before returning to the U.S. 

Getting an appointment at a U.S. consulate can sometimes be tricky, so a quick trip to Europe for a conference could easily turn into being stuck outside the U.S. indefinitely. 

Below we outline the most common situations immigrants with pending H-1Bs find themselves in and how they impact travel.

What is an H-1B visa?

An H-1B provides foreign nationals with employment authorization at a U.S. company. To qualify for H-1B employment, applicants are typically required to have a Bachelor’s degree and a job offer in a field related to their degree.

To apply for an H-1B visa, the sponsoring company needs to send the following documentation to U.S. Citizenship and Immigration Services ( USCIS ):

• Form I-129: an immigration form required for H-1B petitions
• Form I-907: an immigration form for requesting premium processing (optional) 
• An approved Labor Condition Application (LCA) from the U.S. Department of Homeland Security (DHS)
• Filing fees
• Supporting documentation

H-1B applicants who are married or who have children under 21 can include their qualifying family members as dependents in their H-1B petition. Upon approval of the H-1B, their dependents will receive H-4 status.

Traveling When You Have an H-1B Petition Pending with USCIS

Whether you are permitted to travel while you wait for USCIS to review your H-1B petition depends on the type of H-1B petition you filed. 

New H-1B Petition

If you leave the U.S. after filing an H-1B Change of Status (COS) petition, your COS will be considered abandoned and your petition will automatically be adjudicated as a Consular petition. This does not mean that your petition will be denied, but it does mean that you won’t be able to re-enter the U.S. on your new H-1B status without going to a U.S. consulate first.

• What is the difference between H-1B Change of Status and Consular processing?

When your sponsoring employer files a new H-1B petition, they can select COS or Consular processing. 

COS processing is only available when the beneficiary (you) is physically present in the U.S. on a valid status. When a COS petition is approved, your status is automatically changed to the new status—in this case, H-1B. 

Consular petitions are different because they require you to attend a visa interview at a U.S. consulate abroad before beginning work on your new status in the U.S.

If you file a COS petition and then leave the country, your status cannot automatically be changed upon approval of your visa since you do not have a status when outside the U.S.

• So, is it okay to travel with a pending COS petition?

Yes, you can leave the U.S. while your COS is pending as long as you know that your petition will effectively become a Consular petition. 

The result? You will only be able to enter the U.S. on your new status (H-1B) if you attend a visa interview at a consulate abroad first.  

Depending on where you’re trying to book your interview, the wait times can be anywhere between a few days and over a year. Be sure to research and contact local consulates ahead of time; otherwise, you may get stuck outside the U.S.

•   How do I know if my petition was filed with COS processing?

If you are unsure, check with your sponsoring employer or immigration team. 

H-1B Extension of Status Petition

You can travel in and out of the U.S. while an H-1B extension is pending if you have an unexpired H-1B stamp in your passport. 

When you re-enter the U.S., present your valid H-1B stamp from your old H-1B, as well as the receipt notice for your pending extension (or approval notice if your extension is approved). 

H-1B Change of Employer Petition

You can travel in and out of the U.S. while an H-1B change of employer petition is pending if you have an unexpired H-1B stamp in your passport. When you re-enter the U.S., you will need to present a copy of your Receipt Notice (I-797) for your pending H-1B change of employer. 

Related H-1B Travel Questions:

What documents do I need to present when re-entering the U.S. when I have a pending H-1B?

First, remember that you can only re-enter the U.S. on H-1B status if you have a valid H-1B stamp in your passport. Depending on your situation, this may mean you need to get your visa stamp at a U.S. consulate abroad before re-entering at a U.S. port of entry. 

At the U.S. port of entry, the CBP officer may ask you to present the following documents:

• A valid passport from your home country (with an expiration date of at least six months in the future)
• A valid H-1B visa stamp (in your current passport or in an expired passport)
• The I-797 receipt notice for your pending H-1B or a valid H-1B approval notice
• A letter from your sponsoring company confirming your employment (or job offer)
• 3+ recent pay stubs (if you are already employed in the U.S.)

Can I travel with an approved H-1B petition?

Yes, upon approval of your H-1B, you can travel in and out of the U.S. freely. 

Is H-1B travel to and from Canada treated the same as travel to other countries?

For the most part, travel to Canada is treated no differently than travel to other countries.

However, there are some circumstances in which travel to and from Canada may have different implications for U.S. visa holders. 

For example, under automatic revalidation , you can re-enter the U.S. with an expired visa stamp if you spent less than 30 days in Mexico or Canada. However, before you travel with an expired visa stamp, consult with an immigration attorney. 

Can my dependents on H-4 status travel internationally?

Yes, dependents on valid H-4 status can travel internationally. 

Can I travel with a pending Labor Condition Application (LCA)? 

Yes, you can travel while an LCA is pending for your H-1B.

Can I travel between U.S. states while my H-1B petition is pending?

Yes, you can travel between U.S. states while your H-1B petition is pending. Travel within the country has no impact on your pending petition.

Final thoughts

Are you a leader at a U.S. company interested in hiring foreign talent on H-1B visas? Or are you a current H-1B visa holder considering switching to a new visa type or pursuing permanent residency ? Legalpad brings together business immigration expertise and technology to make work visas and green cards easy. Connect with our team today to learn more.

About the author:

Content Marketing Specialist

Before joining the marketing team, Annie helped over 60 Legalpad clients navigate U.S. immigration on the client services team.

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Travel On H1B Visa While H1B Petition Is Pending:

Things you must know, introduction.

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

Let us examine when travel on H1B is safe while an H1B petition is pending, and the contexts when H1B travel outside the US can have an adverse effect on the H1B process.

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.

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

1. 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 status with the same employer is pending with U.S. Citizenship & Immigration Services (USCIS), the H1B employee may be 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 approval notice.

Simply put, if the individual’s original H1B status has not expired, then H1B travel outside the US is generally allowed.

Act Now - free spots fill up fast!

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 be able to get 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 Change 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 Notice (I-797, Notice of Action) for the Change of Employer petition.

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

DID YOU KNOW? If an H1B Change of Employer petition is pending but the employee has decided to remain with his or her 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 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 Change of Employer petition is adjudicated while the H1B employee is outside the US, he/she has several options:

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. She has a valid H1B visa stamp in her passport. Can she travel outside 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.

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

Foreign 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 outside the US arises while the Change of Status petition is pending.

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

Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied.

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.

DID YOU KNOW? If a Beneficiary travels outside the US while an H1B Change of Status 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 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

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. The foreign national’s nonimmigrant status will then change to H1B as of the date of the H1B validity start date.

IMPORTANT If an H1B Beneficiary undertakes a travel outside the US after an H1B petition is approved with a future start date but is re-entering the US after the validity of the H1B begins in another nonimmigrant status, the H1B Change of Status is effectively abandoned.

Elizabeth was in H4 status and an H1B Change of Status petition was filed on her behalf. While the H1B Change of Status was pending, she traveled outside the US. The H1B was approved when she was abroad. What effect does that have on her H1B? What were her options to return to the US?

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

• Obtain an H1B Visa stamp at the US Consulate once the H1B was approved and travel on H1B visa to re-enter the US in H1B status.
• Return to the US with a valid H4 visa to resume her H4 status. With this option, once the H1B was approved, she would have 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.

Travelling outside 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 US.

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

We’ll talk through your priorities and recommend strategies based on our attorneys’ near 100% success rate.

What VisaPro Customers Are Saying

Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. They were very helpful in all phases of the H-1B visa process and they got it right the first time. I have tried other Visa services, but VisaPro is the best by far. VisaPro is the only way to go!"

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Travel while an h-1b petition is pending.

Whether or not you may travel internationally while your H-1B petition is pending depends on a variety of factors:

• You must not travel outside of the U.S. while the petition is pending. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned. Your underlying H-1B petition may still be approved, but you would have to depart the U.S. and apply for an H-1B visa abroad to re-enter the U.S. in H-1B status before you could start your H-1B employment.
• Once USCIS approves your change of status petition, you may travel internationally. Your H-1B status will take effect on the date that was requested.
• While travel, as outlined above, is permissible, you may encounter difficulties when re-entering the U.S. or when applying for a visa for your current status. Therefore, we recommend that you do not travel internationally from the moment your department starts the H-1B process with our office until your H-1B status takes effect.
• Please note that you must be in the U.S. when the H-1B petition is filed with USCIS.
• You must alert the International Center of any travel plans while your H-1B extension is pending with USCIS.
• If you re-entered the US on the basis of your old Approval Notice, you would only be admitted until the expiration date of the old H-1B Approval Notice and you would likely have to travel again to have this corrected.
• If you must travel while your extension is pending and your H-1B status has expired, you will need to remain outside of the U.S. until your H-1B petition is approved. Your case may be converted to premium processing to accelerate the adjudication process.
• If you are changing employers, you may travel while the U-M H-1B petition is pending. However, travel during this period is not recommended as you will need a valid H-1B Approval Notice and visa to re-enter the US. If you have a valid H-1B approval from your previous employer you may use that in conjunction with your U-M H-1B petition and Receipt Notice. Should your previous employer have withdrawn its H-1B petition - which is likely - you cannot use your previous H-1B approval. Therefore, it is strongly recommended that you do not travel internationally during this period as you may not be able to return until your U-M H-1B petition has been approved .

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USCIS Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

Archived content.

The information on this page is out of date. However, some of the content may still be useful, so we have archived the page.

On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC (PDF) , which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:

• When H-1B employees change their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers (LCA) to the Department of Homeland Security, this change may affect the employee’s eligibility for H-1B status; it is therefore a material change for purposes of 8 C.F.R. §§ 214.2(h)(2)(i)(E) and (11)(i)(A) (2014). 
• When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA.  

This precedent decision represents the USCIS position that employers are required to file an amended petition before placing an H-1B employee at a new worksite. USCIS will accept comments on the below draft guidance for a limited period of time.

When You Must File an Amended Petition

You must file an amended H-1B petition if your H-1B employee changed or is going to change his or her place of employment to a worksite location outside of the metropolitan statistical area (MSA) or an “area of intended employment” (as defined at 20 CFR 655.715) covered by the existing approved H-1B petition, even if a new LCA is already certified and posted at the new location.

Note: Once you file the amended petition, your H-1B employee can immediately begin to work at the new location. You do not have to wait for a final decision on the amended petition for your H-1B employee to start work at the new location.

When You Do NOT Need to File an Amended Petition

• A move within an MSA : If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. Therefore, you do not need to file an amended H-1B petition. However, you must still post the original LCA in the new work location within the same MSA or area of intended employment. For example, an H-1B employee moving to a new job location within the New York City MSA (NYC) would not trigger the need for a new LCA, but you would still need to post the previously obtained LCA at the new work location. This is required regardless of whether an entire office moved from one location to another within NYC or if just one H-1B employee moves from one client site to another within NYC. 
• Short term placement s : Under certain circumstances, you may place an H-1B employee at a new job location for up to 30 days, and in some cases 60 days (where the employee is still based at the original location), without obtaining a new LCA. See 20 CFR 655.735. In these situations, you do not need to file an amended H-1B petition. 
• The H-1B employees are going to a location to participate in employee developmental activity, such as management conferences and staff seminars;
• The H-1B employees spend little time at any one location; or
• The job is “peripatetic in nature,” such as situations where their primary job is at one location but they occasionally travel for short periods to other locations “on a casual, short-term basis, which can be recurring but not excessive (i.e., not exceeding five consecutive workdays for any one visit by a peripatetic worker, or 10 consecutive workdays for any one visit by a worker who spends most work time at one location and travels occasionally to other locations).” See 20 CFR 655.715.  

Filing Amended H-1B Petitions

• If your H-1B employees were changing worksite locations at the time of the Simeio Solutions decision , you have 90 days from the date of this web alert (May 21, 2015) to file amended petitions for H-1B employees who changed their place of employment to an MSA or area of intended employment requiring coverage by a new or different LCA than that submitted with the original H-1B petition. Therefore, if you have not filed an amended petition for an H-1B worker who moved worksite locations before May 21, 2015, you have until August 19, 2015 to file an amended petition.
• If your H-1B workers changed their worksite location before the Simeio Solutions decision , USCIS will not take adverse action against you or your employees if you, in good faith, relied on prior non-binding agency correspondence and did not file an amended petition due to a change in an MSA or area of intended employment by May 21, 2015. However, as noted above, you must now file an amended petition for these H-1B employees by August 19, 2015.
• If you do not file an amended petition for these employees by August 19, 2015, you will be out of compliance with USCIS regulation and policy and thus subject to adverse action.  Similarly, your H-1B employees would not be maintaining their nonimmigrant status and would also be subject to adverse action.
• If your amended H-1B petition is denied , but the original petition is still valid your H-1B employee may return to the worksite covered by the original petition as long as the H-1B employee is able to maintain valid nonimmigrant status at the original worksite. 
• If your previously-filed amended H-1B petition is still pending , you may still file another amended petition to allow your H-1B employee to change worksite locations immediately upon your latest filing. However, every H-1B amended petition must separately meet the requirements for H-1B classification and any requests for extension of stay.  In the event that the H-1B nonimmigrant beneficiary’s status has expired while successive amended petitions are pending, the denial of any petition or request to amend or extend status will result in the denial of all successive requests to amend or extend status. See Memorandum from Michael Aytes (PDF, 94.21 KB) , Acting Director of Domestic Operations (Dec. 27, 2005) for similar instructions about portability petition s .

To the extent possible, you should submit receipt notices of prior petitions. USCIS will determine, on a case-by-case basis, whether a petition was filed before the current I-94 expired.

For More Information

If you have any questions about filing an amended H-1B petition, please visit our Customer Contact Center .

H1B portability and travelling while an H-1B transfer petition is pending – Can I travel while my H-1B Petition is Pending?

Office of International Students & Scholars

Traveling in h-1b status, h-1b travel document checklist.

• Valid I-797 Approval Notice for Yale University
• Copy of all supporting documents issued to you in OISS Connect including the Beneficiary Copy of your petition (forms including the I-129 and the Labor Condition application, along with Support Letter and other petition documents)
• Copy of paystubs from Yale for the most recent three months
• If you were subject to the J-1/J-2 two-year home-residency requirement prior to obtaining H-1B, bring a copy of your Form I-612 Waiver Approval issued by USCIS.

International travel with H-1B status can be complicated. Below are some basic guidelines with which you should be familiar. However, it is recommended that you check with your adviser before you travel if you have any questions about your situation.

Please refer to the  Arriving in the U.S.: Immigration Inspection  page for a full list of all documents.

All international scholars/employees and family members planning to depart from the U.S. and return after a temporary absence must have a valid passport in order to exit the U.S. The passport must also be valid for a minimum of six months into the future at the time of re-entry to the U.S. Some countries have an agreement with the U.S. that automatically extends passport validity for 6 months , for U.S. entry purposes only. Please make sure to review the information in the Passport Expiration section below.

Except for Canadian citizens, all international scholars/employees and family members will also need to have a valid H-1B/H-4 visa stamp in their passport issued by a U.S. embassy or consulate abroad. Visa stamps cannot be obtained or renewed inside the U.S.

The only exception to this is the limited pilot program that the Department of State is running for the renewal of  certain H-1B visas .  You can find more information about this limited program on this page . The Department of State indicated that they plan to expand this program in the future and we will update our website as more information becomes available.

I-94 Record

H status holders are given a specific departure date on the I-94 and must depart the U.S. by this date. It is critical that you know and check this date upon every entry to the U.S. Check also an ink entry stamp with an annotation (the visa type and validity date) given in your passport upon entry. If the visa type and/or validity date do not match your H-1B approval notice, you must speak with your OISS adviser . Please also see the Passport Expiration and I-94 Validity sections below.

General Guidance for Traveling and Re-entering the U.S.

H-1B Travel Considerations

Change to h-1b status.

Scholars/employees are advised to not travel outside the U.S. during a pending change of status H-1B petition (e.g., those who are changing from an F-1/J-1/Other to H-1B), as international travel will complicate your work authorization eligibility/immigration status. If you have an unavoidable reason that requires you to leave the U.S., please consult with your OISS adviser before making your travel plans.

Extension of H-1B Status

If you must travel outside the U.S. during the H-1B extension process, you should speak to your OISS adviser as soon as possible before making your travel plans. Because your travel plans may affect your H-1B extension processing timing, you must coordinate closely with your OISS adviser.

• If you plan to return to the U.S. before the expiration of your current approved H-1B status and with a valid H-1B visa stamp, there may not be any difficulty.
• However, depending on when the H-1B extension petition is submitted to USCIS, your international travel plans may complicate your H-1B status; therefore it is highly recommended to travel with the extension approval. This may require premium processing .
• If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. If your H-1B visa stamp is valid on your reentry date, you may use it for admission.
• If you plan to leave the U.S. while the extension petition is still pending and your current H-1B status is expired, you cannot return to the U.S. until the extension petition is approved. The approval notice must be sent to you abroad. You also have to apply for a new H-1B visa stamp with a consulate or embassy before you can return to the U.S.
• After you have received the new H-1B extension approval notice, you may travel outside the U.S. once again. However, while outside the U.S., you will have to obtain a new H-1B visa stamp at a U.S. embassy or consulate. It is normally not possible to obtain visa stamps inside the U.S. and the only exception to this is the limited pilot program that the Department of State is running for the renewal of  certain H-1B visas .  You can find more information about this limited program on this page . 

Changing H-1B Employer to Yale

If you have any plans to travel outside the U.S. during the portable H-1B (changing employer) process, you should speak to your  OISS adviser  as soon as possible.

• If you plan to return to the U.S. before the expiration of your current approved H-1B petition with an old employer and with a valid H-1B visa stamp, there may not be any difficulty. However, if your return date to the U.S. is after your start date with Yale, you may have difficulty at a port of entry.
• Depending on when the portable petition is submitted to USCIS, your international travel plan may complicate your H-1B status with Yale; therefore it is highly recommended to travel with the portable H-1B approval. This may require premium processing .
• If you travel after the portable petition is approved and after your start date at Yale, you must travel with the new approval notice for the Yale appointment. If your H-1B visa stamp is valid on your reentry date, you may use it for admission, even if the visa stamp may have your old employer's name on it; however, make sure to present your Yale H-1B approval notice upon entry to obtain the correct H-1B status validity on your I-94. Check your I-94 validity and an ink entry stamp given in your passport as soon as possible upon your entry.
• If you plan to leave the U.S. while the portable petition is still pending and your current H-1B petition with the old employer is expired, you cannot return to the U.S. until the portable petition is approved. The approval notice must be sent to you abroad. You will also have to apply for a new H-1B visa stamp with a consulate or embassy before you can return to the U.S.
• After you have received the portable H-1B approval notice, you may travel outside the U.S. once again. However, while outside the U.S., you will have to obtain a new H-1B visa stamp at a U.S. embassy or consulate. It is normally not possible to obtain visa stamps inside the U.S. and the only exception to this is the limited pilot program that the Department of State is running for the renewal of  certain H-1B visas .  You can find more information about this limited program on this page .

Passport Expiration

If you or your H-4 dependents are traveling with a passport that will expire before your H approval end date, you will be admitted to the U.S. only for the duration that your passport is valid. This means that your I-94 and legal stay in the U.S. will end earlier than your H-1B approval end date. You will be required to renew your passport and may need to travel outside the U.S. again to be admitted for the full duration of your H approval. If you are in H-1B status and do not travel, Yale will be required to file an H-1B extension on your behalf. H-4 dependents who do not travel will need to file an extension of their H-4 status. It is your responsibility to communicate any status issues to your OISS adviser .

I-94 Validity

Please pay extra attention to your most recent I-94 record and make sure that you will not inadvertently lose H-1B status and work authorization . At the immigration officer's discretion, some H visa holders may be given a 10-day grace period reflecting on their I-94. The grace period is outside the approved H-1B petition period that allows you to work in the U.S. Do not confuse this with H-1B validity date mismatch and speak with your OISS adviser .

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Can I Travel While My H-1B is Pending?

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This article was published by Annie Blay on Legalpad.

Perhaps you’re considering leaving the U.S. while you wait for your H-1B petition to be approved. Or maybe you want to apply for an H-1B but first need to know if it’ll impact your ability to travel. 

The short answer is this: In most situations, you can travel internationally while your H-1B petition is pending. 

The challenge? You need a valid H-1B stamp to re-enter the country. If you don’t already have a stamp, you’ll have to go to a U.S. consulate abroad first before returning to the U.S. 

Getting an appointment at a U.S. consulate can sometimes be tricky, so a quick trip to Europe for a conference could easily turn into being stuck outside the U.S. indefinitely. 

Below we outline the most common situations immigrants with pending H-1Bs find themselves in and how they impact travel.

What is an H-1B visa?

An H-1B provides foreign nationals with employment authorization at a U.S. company. To qualify for H-1B employment, applicants are typically required to have a Bachelor’s degree and a job offer in a field related to their degree.

To apply for an H-1B visa, the sponsoring company needs to send the following documentation to U.S. Citizenship and Immigration Services (USCIS):

• Form I-129: an immigration form required for H-1B petitions
• Form I-907: an immigration form for requesting premium processing (optional) 
• An approved Labor Condition Application (LCA) from the U.S. Department of Homeland Security (DHS)
• Filing fees
• Supporting documentation

H-1B applicants who are married or who have children under 21 can include their qualifying family members as dependents in their H-1B petition. Upon approval of the H-1B, their dependents will receive H-4 status.

Traveling When You Have an H-1B Petition Pending with USCIS

Whether you are permitted to travel while you wait for USCIS to review your H-1B petition depends on the type of H-1B petition you filed. 

New H-1B Petition

If you leave the U.S. after filing an H-1B Change of Status (COS) petition, your COS will be considered abandoned and your petition will automatically be adjudicated as a Consular petition. This does not mean that your petition will be denied, but it does mean that you won’t be able to re-enter the U.S. on your new H-1B status without going to a U.S. consulate first.

• What is the difference between H-1B Change of Status and Consular processing?

When your sponsoring employer files a new H-1B petition, they can select COS or Consular processing. 

COS processing is only available when the beneficiary (you) is physically present in the U.S. on a valid status. When a COS petition is approved, your status is automatically changed to the new status—in this case, H-1B. 

Consular petitions are different because they require you to attend a visa interview at a U.S. consulate abroad before beginning work on your new status in the U.S.

If you file a COS petition and then leave the country, your status cannot automatically be changed upon approval of your visa since you do not have a status when outside the U.S.

• So, is it okay to travel with a pending COS petition?

Yes, you can leave the U.S. while your COS is pending as long as you know that your petition will effectively become a Consular petition. 

The result? You will only be able to enter the U.S. on your new status (H-1B) if you attend a visa interview at a consulate abroad first. 

Depending on where you’re trying to book your interview, the wait times can be anywhere between a few days and over a year. Be sure to research and contact local consulates ahead of time; otherwise, you may get stuck outside the U.S.

Read the full article on Legalpad.

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Is it advisable to travel while an H1B transfer is pending?

Generally, it is not recommended to travel while an H1B change of employer (commonly referred to as a “transfer”) is pending. Technically, if you have a valid unexpired H1B visa “stamp” from Company A, there is a USCIS memo that says that, with the visa stamp, previous approval notice, and the receipt notice for Company B’s H1B transfer, travel generally is permitted. However, given the increased issues at various ports of entry, this can be very risky. In addition, traveling while the company B petition is still pending will result in two different I-94 numbers, which can create additional confusion for future petitions. (22.Oct.2018)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here .

Access more FAQs here .

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