Travel during the Visa Request Process

Travelling When Your Visa Application is Being Processed

Coming to the U.S. on an H1-B visa means you need to focus on the H1B travel documents, and TechFetch is the best platform to provide professional help in such a case. In the scenario when you have applied for an H1B visa while you are staying in the U.S., it is never smart to start traveling abroad. If you are devoid of options and mandatorily need to travel, then you must provide information to the ISO in advance. Also, traveling to another country should be avoided at all costs if an application has been put before the USCIS.

The Crucial Pieces of Information

It is important to understand and bear in mind that going outside the territory of the United States when your H1-B application is being assessed can cause you a lot of trouble. Similarly, if your spouse or kids have opted for the H-4 visa and you go abroad while their petition is being considered by the USCIS, there might be serious and grave repercussions. The USCIS has the power to state on record that you have opted out of your application. In such a case, you will not be able to upgrade to the H1-B status. So, you will have no option except to get deported to your home country. This implies that your future applications for H1-B will be along the lines of a normal citizen from another country who wants to come to the U.S.

Effect of Job Changes on Your H1-B Visa

You must be well aware of the fact that your H1-B visa is granted depending on your employment in the U.S. So when you switch jobs, you have the option of traveling outside of the country. However, you can come back only if your I-797, as well as H1-B visa, is legally and statutorily in effect. Keep in mind that when you are traveling to a country other than the U.S., you do not have legal permission to switch your company.

If your visa ceases to be valid while you are abroad, then you can have more troubles coming your way. The simple reason behind this is that you won’t be permitted re-entry unless the extension on your H1-B comes into force.

Now, you must be ready with the documents provided in the below list before you come to the CBP personnel when you come back to the U.S. within a year.

1. A statutorily valid Form I-797

2. Passport with a validity of a minimum of 6 months post return to the U.S.

3. A letter confirming that you will be reinstated in your current employment as detailed in your I-129 application.

4. Xeroxes of your I-129 application along with all of its annexures and enclosures.

5. A duly filled out ETA-9035

6. The category of your labor status

Please note that you would have received all of these documents from the department serving as your host. In case you are unable to get these documents, please get in touch with ISO. You should also be aware that by putting up these documents at a consulate of the United States, you may receive the extension on your H1-B. However, the waiting time might be substantially long. You will also have to book an interview at the receiving consulate city by contacting them at the earliest.

The fact of the matter is that a legal and valid H-1B visa doesn’t mandatorily require a stamp if you have traveled to nearby countries such as Mexico and Canada. However, this provision will be effective when you have spent less than a month (30 days) in the concerned country. This process is legally referred to as automatic validation of a visa. However, if you mistakenly put up an application for a fresh visa on your trip abroad, you will be left with no option except to wait for finalization of the grant of visa. Citizens of countries which have been declared to be supporters/ sponsors of terror activities aren’t eligible for automatic revalidation.