c.He/she is carrying the H1B Receipt Notice (I-797, Notice of Action) for the Change of Employer petition. You are in the US, an H1B petition has been filed on your behalf and is pending, and you need to travel outside the US on a family emergency. This means the documents may need to be sent to you while abroad. Hi Anil, My wife is in H4 and would like to travel to India during my Employer A’s extension applying in Mar 2019 (Likely in Premium Processing since same employer & no change in job) & Employer B’s H1B transfer (New Job) applying in Mar 2019 using regular. 3. Travel While Extension of H-1B Approval is Pending A worker who already holds H-1B status is not prohibited from traveling abroad while an extension of stay is pending with the DHS provided that he/she returns to the U.S. prior to the expiration of the current H-1B approval. To change employers while on an H1B visa, your new employer must follow these steps: This is just not the case. dsq.src = '//' + disqus_shortname + '.disqus.com/embed.js'; The foreign national’s nonimmigrant status will then change to H1B as of the date of the H1B validity start date. FSIS is open for pick-up and drop-off of documents while the IC is open. The H1B employee cannot travel outside the US, however, if he/she does not already have a valid H1B visa stamp in the passport. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned. If the person decides to travel while the extension of status request is pending, then there are several issues which must be determined. If the extension has been filed in an employment related case, such as an H or L, and the extension is with the same employer, then travel outside the United States has two potential problems. (function() { My i539 is still pending for approval. In order to activate the H1B, the beneficiary must leave the US and obtain an H1B visa stamp and re-enter or the employer must file a new Change of Status/Amendment petition. Travelling While an H1B Transfer is Pending An H1B applicant is permitted to travel during the pendency of the transfer of H1B employers. She can then use the new approval notice and existing visa stamp to re-enter the U.S. CBP should give her an I-94 that matches the expiration date of the new approval notice. Whether or not you may travel internationally while your H-1B petition is pending depends on a variety of factors: Faculty & Staff Immigration Advisory Council, Frequently Asked Questions About J Status, Raoul Wallenberg International Travel Summer Award, Mark and Myra Sorensen International Travel Scholarship, Automatic Visa Revalidation – Travel to Canada & Mexico, Travel with a Pending Green Card Application, Changes, Furloughs, Transfers and Terminations, Dry Appointments, Visiting Scholars and Volunteering, Timelines, Premium Processing, 240-day Rule & H-1B Portability. If you leave the United States before your change of status is approved by USCIS, you will have to take extra steps to assume your H-1B status on October 1. It is a common dilemma that many H1B workers find themselves in. How To Travel On H1B Visa While H1B Petition Is Pending? If the traveler presents a valid H1B visa, he or she will be re-admitted in valid H1B non-immigrant visa status – This will keep the person in a work-authorized nonimmigrant status and will also preserve the pending I-485 Adjustment of Status application under the regulation cited above, but it will terminate any pending application for Advance Parole. Could you please explain the risks on this scenario? 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. Beneficiaries who returned to the US in the previously held nonimmigrant status should not rely on this approval. 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. H1B to H4: Status While COS is Pending. 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. Previously held nonimmigrant status should not rely on this approval employee enters US. With U.S your Change of status was pending, she traveled outside the US before the of! H4 ) online with my husband 's H1B as primary a process which is known as the H1B extension Stay! 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