My responses are not intended to be legal advice and must not be . Please feel free to contact us and ask us any questions you have about our posts. two of your most recent paystubs and/or employment verification letter from your employer. If you travel abroad and re-enter the U.S. using advance parole, your status, as shown on your I-94, will indicate you to be a parolee. While on this status, you can only work for the employer with whom you had an H-1B petition approval before leaving the United States. Below are some questions that every H1B visa holder who is changing employers or planning to change employers should ask themselves before leaving the country. Yes, you may still be denied entry to the U.S. even when you have valid advance parole. This may require. Foreign nationals in H1B status can travel outside the US and re-enter the United States as long as they have a valid H1B nonimmigrant visa stamp in their passport. If an H1B petition is filed for a Change of Employer and the H1B employee begins working for the new employer under AC21 H1B Portability, the H1B employee may be able to travel on H1B while the petition is pending if: a.He/she is traveling on an unexpired H1B visa; b.He/she was previously lawfully admitted and has maintained their H1B status; and. Traveling Out Without a Valid Nonimmigrant Status. VisaPro is the only way to go! The alien must present their valid nonimmigrant visa, provide evidence that they are returning to the U.S. to continue employment with the petitioning employer, and must remain eligible for the H status upon return to the U.S. Be sure to research and contact local consulates ahead of time; otherwise, you may get stuck outside the U.S. If the H1B Extension of Stay is denied while the employee is outside the US, he/she should still be able to re-enter the US based on the still valid, previously issued approval notice and visa. This website and blog constitutes attorney advertising. The I-485 form is related to your employment-based adjustment of status application so I-485 pending means your adjustment of status has not been denied or approved yet. Under Section 222(g) of the Immigration and Nationality Act (INA), a nonimmigrant alien that stays in the U.S. beyond the expiration date indicated on their I-94 will cause their visa to become automatically revoked, and consequently the alien will not be able to return to the US unless he or she obtains a new visa. Find the best ones near you. If an H1B Beneficiary is travelling outside the US after an H1B petition is approved with a future start date but is re-entering the US before the validity of the H1B begins, the foreign national may enter the US in the previously held nonimmigrant status. For many nonimmigrants, travel on their nonimmigrant visas will result in the abandonment of a pending Form 1-485 Application for Adjustment of Status. The foreign national would then be labeled as a parolee. A parolee is able to continue working under the H-1B employer. In these cases it is recommended to use the USCIS Premium Processing service, under which thepetition should be adjudicated within 15 calendar days. An H1B nonimmigrant employee is permitted to travel while an application for Extension of the H-1B Status is pending, provided they are traveling on an unexpired HI B nonimmigrant visa, except where exempt under the visa exemption regulations, and can show that they are returning to the U.S. to continue the previously approved H1B employment. You also have to apply for a new H-1B visa stamp with a consulate or embassy before you can return to theU.S. After you have received the new H-1B extension approval notice, you may travel outside the U.S. once again. Well talk through your priorities and recommend strategies based on our attorneys near 100% success rate. While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994 . Under the portability rules of the American Competitiveness in the 21st Century Act (AC21), a foreign worker who is in H1B status may change employers and immediately commence work with the new employer once a new H1B petition has been filed on the workers behalf. The danger of traveling is that your Change of Status request While your H1B change of status is pending, you are free to travel outside of the United States. H-1B, L-1, and K-3/4 visa holders do not need to get an advance parole document as long as they have a valid visa. If you travel outside of the U.S. while your change of status case is in progress, you no longer have a "status" that USCIS could change. While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. You never want to place yourself in a position where you might jeopardize your status. Copyright 2008-2022, MURTHY LAW FIRM. However, you might be in a position where your H-1B petition contains an application for change of status instead. Can she travel outside the US? While you may be allowed to stay abroad as long as your advance parole remains valid, you should not forget that you may miss some important things involving your pending AOS petition. Has my new employer filed the petition yet? So, in your own case as an H-1B worker with a pending AOS application, what applies to you is advance parole. However, you will need to get approval from the United States Citizenship For this reason, you should exercise caution when traveling under a nonimmigrant status. https://secure.lawpay.com/pages/scottlegalservices/operating. How To Travel On H1B Visa While H1B Petition Is Pending? There are times when an H1B employer/petitioner is subject to ownership changes, such as a merger or an acquisition. It is a common dilemma that many H1B workers find themselves in. Don't worry, if you change your mind, you can unsubscribe at any time. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. This occurs when you change from one nonimmigrant status to another, such as from F-1 student to H-1B or from H-4 to H-1B. It is important to note, however, that if ones I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status. Set up a one-hour consultation with us before acting on anything you read here. You will still have to go through some checks with the U.S. Customs and Border Protection (CBP) officials at the border or airport. Travelling While an H1B Transfer is Pending. Also, if your I-485 is not approved, you will have no underlying nonimmigrant status and may lose the eligibility to continue staying in the United States. There are many factors that could have significant consequences on your immigration status while in the United States that may be at play and are easy to overlook. However, if your return date to the U.S. is after your start date with Yale, you may have difficulty at a port ofentry. If the H1B extension of stay petition is approved while she is abroad, her employer should send her the approval notice. COS processing is only available when the beneficiary (you) is physically present in the U.S. on a valid status. My questions are: 1. First, you must be present in the U.S. at the time your employer files your extension petition. If the extension is approved while you are abroad, you must re . If so, is it safe to go now or is it safe to go after the pending COE petition is appoved? In particular, you might discover that USCIS considers you to have abandoned your pending application, in which case you could be blocked from reentering the country. If you re-enter the U.S. with advance parole and you have not yet submitted an H-1B petition to the USCIS, you will be considered as still being in parolee status. As a result, it takes longer to process through the USCIS. This might mean that you'll need to have your approval notice sent to you while you are abroad so that you can present it when you reenter the United States. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. International travel while you wait for USCIS to approve an H-1B transfer petition from one employer to another is allowed, but you'll want to plan carefully. If your new employer has set a rigid start date, you should plan for this accordingly. Similar to getting an approved extension while abroad, this could mean that your approval notice will need to be sent to you while you are overseas, as you might need it to get an H-1B visa. Selected as best answer. However, if you travel outside of the U.S. after your I-94, and thus your H-1B status, is expired, you will not be able to reenter the U.S. in H-1B status until your extension is approved and you obtain your I-797 approval notice. Please reach out if you have any questions. Get visa resources, immigration news, and event announcements delivered right to your inbox. Good luck! Actions that can lead to Adjustment of Status Petition Abandonment: If the AOS has been deemed abandoned and the petitioner wishes to stay in the United States, the petitioner will be required to file the proper documentation in order to maintain valid nonimmigrant status. Contact usfor more information about the H1B visa. If your H-1B visa has expired or your I-94 departure date has passed, you will not be able to return to the U.S. afterward. In reality, your I-485 is open to being denied, which would deny you a green card. However, before you travel with an expired visa stamp, consult with an immigration attorney. Ourprofessionalteam will reply promptly. If the H1B Extension of Stay petition or Change of Employer petition is adjudicated while the H1B employee is outside the US, he/she has several options: a.If the H1B employee can obtain the new approval notice and has a valid H1B visa stamp in the passport, the employee can present the new H1B approval notice and the previously issued H1B visa stamp at the Port of Entry. DID YOU KNOW? However, this requirement has been removed from the regulations, effective November 1, 2007, as USCIS was not always able to issue these notices in a timely manner and CBP did not always request them. If your H-1B petition is approved, but the change of status is denied, you must obtain an H-1B visa from a U.S. consulate or embassy abroad before reentry. Need Immigration Help? To get a better grasp of what effect traveling during the I-485 pending period will have on your case, seek the help the VisaNation Law Group. Beneficiaries who returned to the US in the previously held nonimmigrant status should not rely on this approval. However, H1B nonimmigrant aliens with valid H1B visas are eligible to continue traveling on their visas, while their Form 1-485 Application for Adjustment of Status is pending with the USCIS for adjudication.55 The reason being is that the H1B is a dual intent visa, that permits the alien to maintain H1B status even though an immigrant visa or permanent residency application has been filed. I am currently employed with company A, I have an approved I-797 until 2021, but my visa stamp expires this december. However, just because your I-140 was approved, doesnt mean that the I-485 is just a formality. A: F-1 students currently in cap-gap are advised to not travel outside the U.S. while the H-1B petition is pending. If you have already stopped employment with your prior employer and are in a grace period, ideally you should wait to get the receipt notice for the new petition before traveling. Note that Canadians in H-1B status are visa exempt, so they may travel and reenter the U.S. in H-1B status as long as they maintain their status validity. Depending on where youre trying to book your interview, the wait times can be anywhere between a few days and over a year. If you're in the midst of awaiting a decision from U.S. Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. From time to time, we at the Murthy Law Firm refer our clients to articles, like this one, which remains relevant and has been updated for our readers. With this option, once the H1B was approved, she would have to leave the US again to obtain an H1B visa and re-enter OR her employer would have file a new H1B petition to change her status. Utilizing the AP to enter the U.S., however, doesn't give the individual H1B (or L-1) status. After the new petition has been approved, the visa holder must present an approval notice from USCIS evidencing the approval of the change of employer in addition to the visa. I have to travel to India during January and i will have to go for visa stamping as my visa stamping expires this december. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Visa stamps cannot be obtained or renewed inside the U.S. I-94 Record Many H1B applicants often underestimate the flexibility they have at their current position to stay onboard and travel while still employed with the old employer, and pushing back the filing of the H1B transfer until after he/she returns from the trip. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. Privacypolicy, Office of International Students & Scholars, automatically extends passport validity for 6 months, View Recordings and Slides for Recent Presentations, Before You Travel, Register Your Plans on the Emergency Travel Registry. The I-131 form document checklist includes evidence of your current status, an explanation or evidence establishing that there are circumstances that warrant the intended international travel, and the issuance of advance parole. Yes, you can travel while an LCA is pending for your H-1B. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. It important to note that US regulations put a cap on the number of H-1B visas that can be approved in a financial year. Citizenship and Immigration Services (, Form I-129: an immigration form required for H-1B petitions, Form I-907: an immigration form for requesting premium processing (optional), A valid passport from your home country (with an expiration date of at least six months in the future), A valid H-1B visa stamp (in your current passport or in an expired passport), The I-797 receipt notice for your pending H-1B or a valid H-1B approval notice, A letter from your sponsoring company confirming your employment (or job offer), 3+ recent pay stubs (if you are already employed in the U.S.). Or are you a current H-1B visa holder considering switching to a new visa type or pursuing. Can I afford to wait for the Receipt Notice before traveling? Below are some tips to keep in mind when traveling on H1B with an I-485 pending: How long does it take I-485 to be approved 2023? usavisanow.com Immigration Law Office of Eran Regev, Esq. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. If the alien chooses to enter the U.S. using the I-512, they are accorded parolee status, and will usually obtain a one-year expiration date on their 1-94s. A new visa cannot be issued for the new employer until the new petition is approved. Many people think that they can act as though they already have a green card while their I-485 is pending. In reality, your I-485 is open to being denied, which would deny you a green card. If you are not around to attend or schedule postponements for those appointments, this may have an impact on the entire AOS application process. 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