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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.
|US Entry Risk
|May be denied if started working with H1B Amendment.
|No entry without Valid H1B stamp.
|Change of Status
|No entry without valid H1B or non-H1B Visa.
|No entry without Valid H1B stamp.
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
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.
H1B Extension is Pending USCIS Decision
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.
H1B Amendment is Pending Result
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.
H1B Transfer is Pending Approval
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.