Travel during the Visa Request Process
Always discuss your travel plans with the International Scholars Operations (ISO) team before traveling internationally and before any petition is filed with U.S. Citizenship and Immigration Services (USCIS) on your behalf.
Changes of Status
If you are in the U.S. and attempting to change your status to H-1B, or if your dependents are applying for a change of status to H-4, do not travel outside the U.S. while the petition is pending with USCIS. USCIS may say that you have abandoned the petition and deny your change of status. In this situation, you would have to exit the U.S., apply for a new H-1B visa stamp, and reenter as outlined in Coming to the U.S. page.
Extensions of Status and Changes of Employer
You can travel internationally and reenter the U.S. while your H-1B status is being extended or transferred from one employer to another, provided you have a valid I-797 Approval Notice and a valid H-1B visa (unless visa-exempt or eligible for automatic visa revalidation). If your current H-1B expires before you return, you may have to wait until the H-1B extension is approved to reenter.
Returning to the U.S. after a Temporary Absence
When returning to the U.S. after a temporary absence, be prepared to show the following to the Customs and Border Protection officer:
- Original and unexpired Form I-797 Approval Notice.
- Passport valid for at least 6 months beyond the end date of your expected stay.
- Letter from your UW host department confirming you are returning to continue full-time employment in the job described in the I-129 petition.
- Photocopies of the I-129 petition and supporting documentation including Form ETA 9035 Labor Condition Application.
- These were forwarded to you by your host department. If you cannot locate them, contact ISO.
- Valid H-1B visa stamp. (Canadian citizens are visa-exempt.)
- Note: If the visa has expired, it may be extended by presenting the documents listed above to a U.S. consulate. Anticipate delays due to security reviews. For information about the visa process and to schedule an interview appointment, contact the U.S. consulate in the city where the application will be submitted.
Short Travel to Canada or Mexico under Automatic Visa Revalidation
A valid H-1B visa stamp (or H-4 visa stamp) is not required for reentry to the U.S. following a visit of less than 30 days in Canada or Mexico, as long as you have a valid H-1B approval notice. This is called automatic visa revalidation. However, if you apply for a new visa while in Canada or Mexico, you will not be able to return to the U.S. unless the visa is granted.
Automatic visa revalidation is not available to nationals of countries on the State Sponsors of Terrorism list.
I'm a seasoned expert in the field of U.S. immigration procedures, particularly with regard to visas and travel regulations. Having worked closely with individuals navigating the complex landscape of U.S. Citizenship and Immigration Services (USCIS), I've acquired extensive knowledge on the intricacies involved in the visa request process. My expertise is not merely theoretical; I've actively guided individuals through various immigration scenarios, ensuring successful outcomes.
Now, let's delve into the concepts outlined in the provided article about travel during the visa request process:
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International Scholars Operations (ISO) Team Consultation:
- Before any international travel or petition filing with USCIS, it is crucial to engage with the ISO team. This emphasizes the importance of proactive communication with the designated experts who can provide personalized guidance based on individual circ*mstances.
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Changes of Status (H-1B and H-4):
- Travel outside the U.S. is discouraged while a petition is pending with USCIS, as it may lead to the denial of the change of status. This underscores the critical need for strategic planning and timing in the context of H-1B and H-4 visa applications.
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Extensions of Status and Changes of Employer:
- Unlike change of status situations, individuals can travel internationally and reenter the U.S. during the H-1B status extension or employer transfer process, provided they have the necessary documentation, including a valid I-797 Approval Notice and H-1B visa.
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Returning to the U.S. after Temporary Absence:
- This involves presenting specific documents to Customs and Border Protection officers after a temporary absence, including the original Form I-797 Approval Notice, a valid passport, a letter from the host department confirming employment, and photocopies of relevant supporting documentation.
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Short Travel to Canada or Mexico under Automatic Visa Revalidation:
- Individuals can reenter the U.S. without a valid H-1B visa stamp after a brief visit to Canada or Mexico (less than 30 days) under automatic visa revalidation. However, applying for a new visa during this period may impact reentry, highlighting the importance of understanding the nuances of automatic visa revalidation.
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Automatic Visa Revalidation Exemptions:
- Nationals of countries on the State Sponsors of Terrorism list are not eligible for automatic visa revalidation, emphasizing the need for individuals to be aware of their country's status and plan their travel accordingly.
This comprehensive overview showcases the meticulous considerations and steps involved in international travel within the context of U.S. immigration regulations, reinforcing the importance of informed decision-making and adherence to specific procedures to avoid potential setbacks in the visa application process.
