Whether you can travel internationally while your H-1B petition is pending hinges on several key factors. This guide breaks down the different scenarios to help you understand the potential implications for your H-1B status.
If your H-1B petition involves a change of status, it’s crucial to understand the travel restrictions. Traveling outside the U.S. while the change of status petition is pending can be problematic. Leaving the country during this review period can lead USCIS to consider your petition abandoned. While the underlying H-1B petition may still be approved, you would likely need to depart the U.S. and apply for an H-1B visa at a U.S. embassy or consulate abroad before re-entering in H-1B status.
Once USCIS approves your change of status petition, international travel generally becomes permissible. Your H-1B status will take effect on the date requested in the petition. However, even with an approved change of status, you might encounter difficulties when re-entering the U.S. or when applying for a visa. Therefore, it’s generally advisable to avoid international travel from the moment your department initiates the H-1B process until your H-1B status officially takes effect.
Traveling while an extension of status petition is pending with USCIS is typically allowed, but there are important considerations. It’s essential to be physically present in the U.S. when the H-1B extension petition is initially filed with USCIS. Always inform the International Center of any travel plans you have while your H-1B extension is pending.
If the extension is approved while you are abroad, you’ll need to re-enter the U.S. using the new Approval Notice. This may require having the approval documents sent to you while you are overseas. If you re-enter the U.S. using your old Approval Notice, your admission will likely only be valid until the expiration date of that old notice, potentially requiring you to travel again to rectify the situation.
If your H-1B extension is pending with USCIS and your current H-1B status has already expired, you should not travel internationally. Re-entry will require a valid H-1B approval and visa. If travel is unavoidable while your extension is pending and your H-1B status has expired, you will need to remain outside the U.S. until your H-1B petition is approved. In such cases, consider requesting premium processing to expedite the adjudication process.
If you are changing employers, travel while the new employer’s H-1B petition is pending is possible but not recommended. You’ll need a valid H-1B Approval Notice and visa to re-enter the U.S. If you have a valid H-1B approval from your previous employer, you may be able to use that in conjunction with your new employer’s H-1B petition and Receipt Notice.
However, if your previous employer has withdrawn their H-1B petition, which is common when you leave their employment, you cannot use that previous approval. Therefore, it is strongly advised against traveling internationally during this period, as you may not be able to return until your new employer’s H-1B petition has been approved.
In summary, navigating international travel while your H-1B is pending requires careful consideration of your specific circumstances. Understanding whether you have a change of status, extension of status, or are changing employers is vital. When in doubt, consult with an immigration attorney or your International Center to ensure you maintain your H-1B status and avoid potential complications.
