Whether you can travel internationally while your H-1B extension is pending with the United States Citizenship and Immigration Services (USCIS) depends on several factors, primarily relating to the type of petition filed and the validity of your current H-1B status. Understanding these factors is crucial to avoid complications with your immigration status.
If your office filed a change of status petition for you, meaning you are changing from one non-immigrant status to H-1B status within the U.S., different rules apply compared to an extension.
You must not travel outside of the U.S. while the change of status petition is pending. If you leave the country while USCIS is reviewing your petition, USCIS will consider your petition to be abandoned. Although the underlying H-1B petition might still be approved, you would have to depart the U.S. and apply for an H-1B visa at a U.S. embassy or consulate abroad to re-enter the U.S. in H-1B status before you could begin your H-1B employment.
Once USCIS approves your change of status petition, you may travel internationally, and your H-1B status will take effect on the date requested in the petition.
While travel is technically permissible after approval, you might encounter difficulties when re-entering the U.S. or when applying for a visa in your new status. It’s generally advisable to avoid international travel from when the H-1B process starts until your H-1B status officially takes effect to minimize potential issues.
Traveling while an extension of status petition is pending with USCIS is generally permissible, but some crucial conditions apply. This applies when you are already in H-1B status and are seeking to extend it.
You must have been physically present in the U.S. when the H-1B extension petition was filed with USCIS.
It’s essential to inform your international center or relevant administrative office of any travel plans while your H-1B extension is pending. This helps them assist you if issues arise.
If the extension is approved while you are abroad, you must re-enter the US using the new Approval Notice. The documents may need to be sent to you while you are abroad. Re-entering the U.S. based on your old Approval Notice could lead to being admitted only until the expiration date of the old H-1B Approval Notice, necessitating further travel to correct this.
If your H-1B extension is pending with USCIS and your current H-1B status has already expired, you must not travel internationally. You will need a valid H-1B approval and visa to re-enter the country.
If travel is unavoidable 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. In such cases, your employer might consider converting your case to premium processing to expedite the adjudication process.
If you are changing employers, you may travel while the new employer’s H-1B petition is pending. However, travel during this period is generally not recommended as you’ll 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 new employer’s H-1B petition and Receipt Notice. However, if your previous employer has withdrawn its H-1B petition (which is likely), you cannot use your previous H-1B approval.
USCIS receipt notice for an H1B petition, essential for re-entry if your extension is approved abroad.
Therefore, it’s strongly recommended that you avoid international travel during this period, as you might not be able to return until your new employer’s H-1B petition has been approved. Travel involves risks, especially when changing jobs.
In summary, traveling outside the US while your H-1B extension is pending requires careful consideration of your specific situation. Understanding the implications of your H-1B status and the type of petition filed is crucial. If you have any doubts, it is always best to consult with an immigration attorney or your international student/scholar services office. Avoiding travel during this sensitive period can prevent potential complications and ensure a smooth continuation of your H-1B status.
