Useful Links
U.S. Citizenship and Immigration Services (USCIS) Website
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Statistics
Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
Travel and Re-Entry with an H-1B Visa
Requirements for Travel Outside the U.S., Re-Entry with an H-1B Visa, and Maintaining Legal Status.
When traveling abroad for H-1B visa holders, you should be aware of H-1B visa travel abroad documents, as it is mentioned in the following article. This guide will outline international travel for a person on an H-1B visa, resources for exit and re-entry to the U.S., and a travel guide to remain compliant throughout the process.
International Travels on Account of Fiscal
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H-1B holders should, therefore, prepare and keep a complete document package ready before going on extended travel outside the U.S.
The docs you are required to submit are the following:
Primary Documents
Not required but recommended: Copies of all I-797 notices (if you have them), tax returns, and, given your presence in the U.S. prima facie, relevant information such as rental agreement or property deed.
Visa Stamp Requirements
If the H-1B visa stamp (or visa) has expired, a visa will need to be obtained prior to reentering the United States. The first step in the renewal process is to make an appointment at a U.S. consulate or embassy. Fill out the DS-160 form and submit the visa application fee online before this interview.
Processing times vary widely by location and by time of year. Also, the availability of consular appointments in a few areas is limited, and if administrative processing is stated under section 221(g), it may cause delays in some cases. If you select a consulate where wait times are shorter, be aware that you may have to explain why you’re not interviewing in your country of origin.
Important Dates to Remember for the Visa Renewal Process
As you can probably imagine, the following list is meant to help pave the way to a smoother visa renewal process:
Before You Apply
- Ensure that each document is full and accurate
- Submit at least six months of pay stubs
- Header image: copy THBP/THBP/THBP/THBP
Application Process
- Ensure utmost accuracy in your DS-160 form
- Wherever possible, travel off-season
- Keeping a record of Payment Pass receipt & Payment of all dues
- Be ready to address gaps in your resume
Post-Interview Actions
- Track your passport and application status
- Keep copies of all proof of submission
- For example, life rafts are additional information contacts for the consulate
- Keep in mind that there may be delays due to administrative processing
Maintaining Legal Status
International travel can be the difference between someone’s legal status or no legal status before and after travel, so getting it right takes some skill. Validate your I-94 record. Verify your I-94 record and ensure passport validity prior to departure. Get your travel plans approved by your employer and make copies of all important documents.
Immigration Inspection at Inspection: Red Flags
When reentering the U.S., be ready for these potentially troublesome points:
| Good: More than Enough Experience | Travel Pattern Concerns |
|---|---|
| – Recent employer changes | – Frequent short trips |
| – Outsized pay gaps | – Longer travel to international destinations |
| – Job location changes | – Travel while your petition is being processed |
| – Modified job duties | – Strange decisions concerning entry ports |
Special Travel Situations
New jobs can make international travel tricky. For this reason, if an H-1B transfer is pending or if the H-1B employee has changed employers recently, it is generally not a great idea to travel until the new petition is approved. If you must travel, have documentation of your last job and your new one in hand and be ready to briefly explain your employment situation.
You already have the phone call, you have the ticket, and tomorrow you are going to the plane. Contact your employer’s immigration team ASAP to determine the risk of traveling on an expired visa stamp and the options available to you for an expedited visa appointment. Verify that this is an emergency situation to help process the emergency situation.
Waiver of Visa Requirements
A notable exception applies to trips directly to Canada or Mexico. One such exception is called automatic visa revalidation, which allows holders of H-1B visas to reenter the United States after visiting Mexico or Canada (or other U.S. neighboring islands) for less than 30 days without having a valid visa stamp in their passports, so long as they have a valid I-94 record confirming that they are maintaining status in the United States as an H-1B nonimmigrant.
Managing Family Travel
There are other considerations when traveling with H-4 dependent family members. So, each member of the household will require the following:
— valid documents, including visas
— proof of relationship (marriage and/or birth certificate)
— copies of the primary H-1B holder’s documentation
Schedule a visa appointment in a way that helps plan alternate arrangements in time for the processing delay.
Best Practices for Success
Do not travel while your H-1B petition is pending; schedule visa renewals for less busy times. Plan your travel dates to allow for at least 60 days of possible administrative processing and any implications for your employment status.
It should be all about document management when you travel. Make a travel documents checklist and store copies of those physical and electronic documents in different secure locations. All the form documents are accessible in one place and in real time.
Just hope that your employer is clear with you. Let them know your travel plans as soon as possible, and have up-to-date contact information available for your immigration attorney, the human resources department, your direct supervisor, and appropriate U.S. embassies or consulates. Know the process if something goes wrong when you’re traveling.
Conclusion
The logistics of planning for an H-1B visa holder trip abroad is very complicated and includes many, many small details. If the paperwork is fine and the above rules are followed, the issues can be avoided to a great extent while transiting in and out of America.