Traveling while on an H1B visa can be complex, especially when considering trips to countries like Mexico. Before making any international travel plans, consulting with the International Scholars Operations (ISO) team is crucial, particularly if a petition has been filed on your behalf with U.S. Citizenship and Immigration Services (USCIS).
Change of Status Considerations
If you are currently in the U.S. and in the process of changing your status to H-1B, or if your dependents are applying for H-4 status, avoid traveling outside the U.S. while the petition is pending. Traveling during this time may lead USCIS to consider the petition abandoned and subsequently deny your change of status application. Should this occur, you would need to depart the U.S., apply for a new H-1B visa stamp, and re-enter following the standard procedures.
Extensions and Employer Transfers
You are generally permitted to travel internationally and re-enter the U.S. while your H-1B status is being extended or transferred between employers. This is contingent upon possessing a valid I-797 Approval Notice and a valid H-1B visa (unless you are visa-exempt or eligible for Automatic Visa Revalidation). It’s important to note that if your current H-1B visa expires before your return, you might need to wait for the H-1B extension approval before re-entry is possible.
Essential Documents for Re-entry
Upon returning to the U.S. after a temporary trip abroad, be prepared to present the following documents to the Customs and Border Protection officer:
- Original and unexpired Form I-797 Approval Notice.
- A passport that remains valid for at least six months beyond your intended stay in the U.S.
- A letter from your employing department confirming your return to full-time employment in the role described in the I-129 petition.
- Photocopies of the I-129 petition and all supporting documentation, including the Form ETA 9035 Labor Condition Application.
- A valid H-1B visa stamp. (Note: Canadian citizens are exempt from this requirement).
Automatic Visa Revalidation: Short Trips to Mexico and Canada
The Automatic Visa Revalidation rule allows you to re-enter the U.S. from a trip of fewer than 30 days to Canada or Mexico without a valid H-1B visa stamp (or H-4 visa stamp), provided you possess a valid H-1B approval notice.
However, if you apply for a new visa while in Canada or Mexico and it’s not granted, you will be unable to return to the U.S. until the new visa is approved.
It’s also crucial to understand that Automatic Visa Revalidation does not apply to nationals of countries designated on the State Sponsors of Terrorism list.
Key Takeaways
- Always consult with the ISO team before international travel.
- Avoid travel during a change of status application.
- Ensure you have all necessary documentation for re-entry.
- Understand the limitations of Automatic Visa Revalidation.
By carefully planning and ensuring you have the correct documentation, you can confidently travel to Mexico (and other countries) while maintaining your H1B status.
