Kevin Keane

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Home All FAQs Working Visas H-1B and L-1 I currently have an H-1B change of status, extension or transfer pending. Can I travel outside the USA?

I currently have an H-1B change of status, extension or transfer pending. Can I travel outside the USA?

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This is generally not a good idea, although in some case it is supposed to be possible. Don't expect BCBP officers to know this, though!

If you leave the US while such an application is pending - and this includes even trips to Canada or Mexico - then you will probably find that you need to wait outside the USA for the approval notice. In most cases, you will also need a new H-1B visa from a consulate. Of course, if you already have an H-1B visa that hasn't expired, you can use that. This happens frequently in transfer cases, but rarely in extension cases, and almost never in cases of change of status.

For people subject to the current security checks, this may mean that you are stuck outside the US for up to six months or more.

In some cases, there is an alternative: do not file the H-1B until you have returned from your trip. This is not always an option, though.

  • If your previous status is still good, you can use that to return to the US. For instance, if you are currently an F-1 and have not yet graduated, then you can return as an F-1. Warning: if you arrive with the intent to change status, this can mean you will be denied admission, or it can be immigration fraud. In particular, do not try to return to the US as a tourist.

    Of course, you may need Premium Processing in this case since you now have less time left.

  • If you are transferring to a new employer, be sure to return to work for the old employer if you follow this process, even if only for a day.
 

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