Traveling internationally while holding an H1B visa requires careful planning, especially when visiting destinations like Cancun, Mexico. Before making any travel arrangements, it’s essential to understand the rules and potential implications of leaving the U.S. while in H1B status.
Traveling During a Change of Status
If you are currently in the U.S. and have applied for a change of status to H-1B, or if your dependents have applied for a change of status to H-4, it is strongly advised against traveling outside the U.S. while the petition is still pending with the U.S. Citizenship and Immigration Services (USCIS). Traveling during this time may lead USCIS to consider the petition abandoned and subsequently deny the change of status. Should this occur, you would be required to exit the U.S., apply for a new H-1B visa stamp, and re-enter, as detailed in the procedures for initially coming to the U.S. on an H1B visa.
Traveling During H1B Extension or Transfer
It is generally permissible to travel internationally, including to Cancun, and re-enter the U.S. while your H-1B status is being extended or transferred between employers. However, this is contingent upon having a valid I-797 Approval Notice and a valid H-1B visa, unless you are visa-exempt or eligible for automatic visa revalidation. If your current H-1B visa expires before your planned return, you might need to wait until the H-1B extension is approved before re-entering the United States.
Documents Required for Re-entry After a Temporary Absence
Upon returning to the U.S. from a temporary absence, including a trip to Cancun, be prepared to present the following documents to the Customs and Border Protection (CBP) officer:
- Your original and unexpired Form I-797 Approval Notice.
- A passport that remains valid for at least six months beyond your intended stay’s end date.
- A letter from your employer confirming your ongoing full-time employment in the position 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 visa-exempt).
Automatic Visa Revalidation for Short Trips to Mexico (including Cancun)
A valid H-1B visa stamp (or H-4 visa stamp, if applicable) may not be required for re-entry into the U.S. following a short trip of less than 30 days to Mexico or Canada. This is possible due to a provision known as automatic visa revalidation, provided you possess a valid H-1B approval notice. However, if you apply for a new visa while in Mexico (including Cancun) or Canada, you will not be able to return to the U.S. unless that visa is granted. This is a critical point to remember when considering travel plans.
It’s important to note that automatic visa revalidation is not available to nationals of countries designated on the State Sponsors of Terrorism list. Therefore, travelers should verify their eligibility based on their country of citizenship.
In summary, while traveling to Cancun on an H1B visa is possible, it necessitates careful consideration of your individual circumstances, visa status, and adherence to U.S. immigration regulations. Always consult with an immigration attorney or the International Scholars Operations (ISO) team at your institution for the most accurate and up-to-date guidance tailored to your situation. This ensures a smooth and compliant re-entry into the U.S.
