Once she re-enters and after the H1B petition is approved, her status will be extended. 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. If an H1B Beneficiary undertakes a travel outside the US after an H1B petition is approved with a future start date but is re-entering the US after the validity of the H1B begins in another nonimmigrant status, the H1B Change of Status is effectively abandoned. H1B employee enters the US without the new H1B, If the H1B Extension of Stay petition or Change of Employer petition is approved. If your H-1B extension is pending with USCIS and your current H-1B status has expired, you must not travel internationally because you will need a valid H-1B approval and visa to re-enter the country. If the H1B employee travels out of the US and does not already have a valid visa stamp in the passport, he/she will need to wait for the H1B approval and then obtain the H1B visa stamp before being able to re-enter the US. This means the documents may need to be sent to you while abroad. If you re-entered the US on the basis of your old Approval Notice, you would only be admitted until the expiration date of the old H-1B Approval Notice and you would likely have to travel again to have this corrected. Foreign nationals in valid nonimmigrant status may have an employer file an H1B Change of Status petition on their behalf. 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. You may want to reserve the second question for the prospective employer's immigration attorney. Travel While a Petition is Pending for a Change of H-1B Employer A H1B nonimmigrant worker is allowed to port their H1B visa to another organization, compatible the American Competitiveness in the Twenty-first Century Act of 2000 ("AC-21") upon the recording of a 1-129 appeal to for the ensuing boss. H1B visa holders can change their employer while in the US under a process which is known as the H1B transfer. If you leave the U.S. while your H-1B petition is pending, USCIS may approve the component conferring H-1B status, but the change of status component will be considered abandoned, and your status would not automatically change from F1 to H1B on October 1, 2018. Once USCIS approves your change of status petition, you may travel internationally. If an H1B Amendment petition has been filed and the employee has already begun working pursuant to the terms of the amended petition, the employee cannot seek to obtain a new visa stamp until the amendment is approved. If an H1B Change of Employer petition is pending but the employee has decided to remain with his or her current employer, then travel outside the US is not an issue as long as the employee has a valid H1B approval notice and H1B visa stamp (or can obtain one before re-entering). If you are changing employers, you may travel while the U-M H-1B petition is pending. DID YOU KNOW? All travelers must have a valid H1B/H4 entry visa. 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. Thanks very much - MN I had applied i539 (H1 to H4) online with my husband's H1B as primary. If an H1B extension of stay petition has been filed and the employee does not have a valid H1B visa, he/she will be able to get an H1B visa stamp if travel abroad is undertaken and the underlying H1B petition is still valid. Let us examine when travel on H1B is safe while an H1B petition is pending, and the contexts when H1B travel outside the US can have an adverse effect on the H1B process. Instead, your new employer submits a new H1B petition for you. [b]Travel While an Extension of H1B Status is Pending [/b] 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 H¬I 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 … 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. 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. Getting Married On A Tourist Visa To A US Citizen: Can You Do It? How To Travel On H1B Visa While H1B Petition Is Pending? H1B workers who have joined the new employer under portability provisions pending adjudication of the new H1B change of employer petition, may generally travel outside the U.S. and seek admission back into the U.S. while the H1B portability petition is still pending as long as … If you want VisaPro’s expert guidance and accurate preparation of your case. Is approved while she is abroad, you may travel while my H1B transfer steps: my I-94 visa! In 2 months and her employer has already filed an H1B visa stamp in her passport Work Authorization Applicable... 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