H1b visa travel restrictions
Under this scenario, the H1B employee is permitted to travel on the previously issued visa, where they can show:. A new visa cannot be issued for the new employer until the new petition is approved. Because of the last action rule, aliens with pending applications for Extension of Status, or a Change of Status with a request for a later expiration date, should be warned that if the application is approved while they are abroad and they return to the U.
In such situations, a new application for Extension of Status will be required. A beneficiary for an application for Change of Status will be considered to have abandoned their application if they travel while the application is pending. An H1B employee who works for the new corporate entity claiming exemption from the requirement to file an amended petition can continue to travel on an existing valid H1B visa where he is otherwise admissible and presents a letter from the new corporate entity stating that:.
For many nonimmigrants, travel on their nonimmigrant visas will result in the abandonment of a pending Form Application for Adjustment of Status. These nonimmigrants must apply for, and wait to receive, anAdvance Parole Authorization prior to traveling outside the U.
The alien must present their valid nonimmigrant visa, provide evidence that they are returning to the U. Regulations previously required that the alien also present the original Form Notice of Receipt for the Application for Adjustment. However, this requirement has been removed from the regulations, effective November 1,as USCIS was not always able to issue these notices in a timely manner and CBP did not always request them.
If the alien chooses to enter the U. Choosing to enter the U. Therefore, their travel abroad without an I could be construed as an abandonment of a pending application for adjustment of status.
View Cart Checkout. Forgot Password? H-1B Visa Attorney Services. Under this scenario, the H1B employee is permitted to travel on the previously issued visa, where they can show: 1 they are otherwise admissible to the U. The new petition is not a substitute for a valid visa. An H1B employee who works for the new corporate entity claiming exemption from the requirement to file an amended petition can continue to travel on an existing valid H1B visa where he is otherwise admissible and presents a letter from the new corporate entity stating that: 1 the flew corporate entity has succeeded to the interests and obligations of the original H- 1B petitioning employer; and 2 the terms and conditions of employment of the H1B nonimmigrant remain the same.Article written in January, The below information is for your reference only, it does not apply to current year visa conditions.
This article is about the incident and issues faced by them so that you can be cautious during travel. This incident happened in the first week of January, at the port of entry at Newark, NJ. At least five of the H1B holders who came in a plane from India were sent back home.
I do not know info about all the victims, but one of them was working for a mid size IT body shop consulting company in US. There was no proper reason explained. It is a very tough situation.
Travel Outside the U.S.
Well, the reality is, you can never question the Visa officer or anyone who deals with immigration. It is exactly same as we going to visa stamping in India, the Visa officer just denies F1 visa without giving any proper reason to us. Bottom-line, all the people travelling to India especially as a H1B holders need to be cautious and should NOT travel.
The wisest thing, provided if your situations permit, to do is to avoid travel to your Home country could be India, Sri Lanka or any other country on H1B visa. Especially with the new rules of H1B visa for multiplied with all the macro economic factors like recession, it is a very risky bet.
But, you will have to remember it happens may be only very few, one in orI do not know the statistics.
But, p eople only talk about negative things and make a big deal about everything. People do not talk about how many of them came through the port of entry successfully. I will try to post some information on few success at Port of entry as my friends recently came back. This is what USCIS says about extensions and logically thinking, they expect the H1B holder to have valid documents as listed below based on the regulations memorandum released.
This is for the extension only. Your explanation should be congruent with the filing of your original and extension of H1B visa. Any discrepancies between your employers and your statements will create unnecessary troubles. Just take time to study your history of H1B petition and work with employer and get to know all the details. Your employer is your best resource and can help you in this situation.
It is fully anonymous and will help many waiting for it like you. It is not intended to mislead or scare you if you travelling. It does not happen to everyone, but just good information to know and be prepared with better documentation that can help you be prepared with enough documentation complying all the new H1B guidelines and answer questions at Port of entry correctly.
Do you know any other instances where anyone on H1B visa you know were sent back? Please share your experiences, it helps others …add a comment. My H1B visa cancelled withdrawn at POE, due to unable to prove 5 years back f1-opt employment unpaid internwhat are my chances to get the visa again and POE. Vikky, Did you sign anything at port of entry when they cancelled the visa? When did this happen? Share more details… In general, it all depends and very hard to say, everything is case to case.US has banned all travelers coming in from the 26 Schengen countries.
This travel ban goes into effect on March 13, A national travel advisory requires all NRIs and OCI card holders to acquire a temporary visitors visa from the local Indian consulate before making any travel plans. This exception will be made only for unavoidable travel plans and permission to travel will be granted at the discretion of the Indian Embassy. Consequently, all international airlines are either cancelling or effectively reducing flights to India effective March 13, All travel plans should be made keeping these travel restrictions in mind.
Effective as of February 2,in keeping with the spread of the deadly Novel Coronavirus of that has killed over people, the US has imposed an entry ban on all foreign nationals who may have recently visited China.
This includes all foreign nationals holding a valid non-immigrant visa to the US. Anyone having been to China in the past 14 days will be denied entry into the US. This entry ban is to remain in effect until terminated by Presidential order. This restriction extends into visa appointments at various US consulates that serve the Chinese mainland. Other countries that are joining this restriction across all Chinese related travel includes India, Australia, Russia, Schengen member countries, Vietnam, Singapore, Bangladesh and Pakistan.
There are 25 more countries expected to join in each day as the toll from the deadly virus rises. Besides a complete entry ban for foreign nationals who may be even remotely touched by the Coronavirus, there are areas of their immigration journey that is getting impacted. For any of the above getting affected, they should plan extra time during their travel be it into the US or going out since airports, especially the major ones listed above will be exceptionally busy and exiting delays will be elongated.
For any consulate procedures that require cancellation and rescheduling of interview dates, you may consult an immigration lawyer for the next course of action. Coronavirus Travel Insurance Plan.
Share on:.The H-1B status is temporary in nature, and may be approved initially for a period of up to three years. However, it can be renewed for up to another three years. Thus, the duration of an H-1B worker's stay in the United States can reach a maximum of 6 years.
After six years in H-1B status, the alien individual must depart the U. The H-1B position should be temporary in nature and cannot initially exceed three years in length.
However, a subsequent H-1B extension of an additional time, not exceeding three years, may be requested for a total of six years. Thereafter, the H-1B visa holder should exit the country for at least one year, unless the individual has filed a Labor Certification which was approved or pending for more than days.
An exception also applies to an individual who has changed his or her status from H-1B to H-4, so the alien may remain in H-4 status as long as the spouse has a valid H-1B status.
Also, the beneficiary of an H-1B application may recapture all periods of time he or she has spent outside the U.
How Long Can I Stay Outside of the US on An H1B Visa, and Will That Affect the Expiration Date?
For example, if an individual spent eight months out of the total six years outside of the U. The other limitations for H-1B workers include:.
In most cases, an H-1B holder may not extend the H-1B status beyond the six-year period, unless he or she qualifies under one of the following three exemptions:.
The H-1B portability is a complicated issue that may have serious consequences on the H-1B beneficiary's legal status. Under the H-1B portability rule, a foreign worker in H-1B status may begin to work for a new employer upon proper filing of a new H-1B petition by the prospective employer, if the following requirements are met:.
According to USCIS, an employer does not have to file a H-1B amendment when they relocate employees to other job sites if the Labor Condition Application LCA notice was posted and approved before the relocation, which gives the freedom for the employer to move around their employees without going through the H-1B amendment procedure.
However, in the past, people are very cautious to file a H-1B amendment in this situation. There are some circumstances where your employer would simply need to file to have the current petition amended.
These include a change in job duties, a significant salary increase, or a change in title. It would seem that the USCIS considers a change in location as a material change that requires an amendment. Thus, the safe course of action is to file the H-1B amendment for location change. The H-1B workers have a general limit of six years of time in H-1B status.
This may be extended, based upon the filing of a qualifying employment-based Green Card application case. Alternatively, individuals who reside outside the United States for one year become eligible for a full six-years of H-1B time. The latter cases are subject to the H-1B annual limit or "cap. Therefore, it is helpful to know the one-year-abroad requirement for a foreign national to become eligible for another six years of H-1B status, as well as the USCIS' interpretation of brief visits.
The most common violations of the H-1B program included:. This category covers instances of nonexistent business locations, locations too small to support the number of sponsored employees, or lack of evidence that the employers intended for the H-1B workers to fill the jobs described in the H-1B petitions. The H-1B trend is toward increasing enforcement and stricter standards for approval.
Employers that rely upon H-1B workers need to be cognizant of this trend. While fraud and noncompliance is certainly a serious problem, however, it should be noted that the DOL reveals that the vast majority of companies and H-1B filings are clean. The problems lie in a noticeable minority that is tainting an otherwise positive and worthwhile program.
The consequences of the H-1B program violation can include arrests and indictment, for both the individuals and companies involved, as well as for other companies that may have. Business practices that may have been overlooked in the past are now leading to DOL investigations and arrests.
Employers must review their practices and revise their systems to ensure compliance with the law, including H-1B requirements. The indictment alleges, in summary, that company established a branch office in Iowa and filed false H-1B and Labor Certification cases based upon nonexistent Iowa employment. It further alleges that the company paid employees through the Iowa location and made Iowa-based tax filings, notwithstanding the fact that the employees were not working in Iowa.
It alleges that cases were filed with false addresses for the employees, that LCA posting notices were made in improper work locations, and other such violations. When filing an H-1B application, small errors and oversights can subject an employer to a multitude of sanctions. In addition to the fines and penalties discussed below, willful violators may be randomly investigated by the USCIS for a period of five years.A common practice among US companies is to reassign employees to a new office location in a different city or state within the country.
This may be either a temporary move or a longer term assignment, and is especially common with IT companies that may need to relocate skilled technical employees for training or support reasons.
A question that arises for foreign workers employed under an H1B visa is how a transfer or change in location will affect their visa status. In most cases, it will depend on the amount of time that an employee will spend in the new location and in what capacity. The amended LCA was always required for location changes, but a legal case added another layer of compliance for H1B visa sponsors.
The change in location also means that the employer will have to file an amended H1B visa petition before transferring the employee to the new worksite. This means that companies will have an extra administrative burden for transferring sponsored foreign workers, and will need to plan ahead for assignments to a new location.
However, as long the amended H1B petition is filed, the employee can begin working at the new site without waiting for a final decision from USCIS on the amended petition. Any transfers of less than 30 days are exempt from this rule, and will not require a new LCA or amended H1B visa petition. This exemption is extended to 60 days if the worker is still based at the original location listed in their H1B visa petition.
This is welcome news for companies that use some employees to train other workers in specific skill areas, usually for a finite time period.
H1B Transfer Process – Requirements, Documents, Timelines, Cost, FAQs
Also, non-worksite locations that may be part of employee development, training seminars or periodic visits to other office locations will not be subject to this LCA rule. Those visits can last up to 5 days 10 days in certain circumstances without triggering the location change requirements. If for any reason the USCIS denies the amended petition, the employee still has legal immigration status at the location listed in the original H1B petition.
In that case, they can return to that location without any effect on their visa status. Employers that utilize many workers under H1B visas will need to be aware of the steps to comply with these rules, and recognize the fact that the USCIS does conduct worksite visits for H1B visa sponsors to make sure that the LCA rules are not being overlooked or ignored.
If you have questions about how a location change might affect your visa status please contact us for further guidance. Your email address will not be published. Notify me of follow-up comments by email. Notify me of new posts by email. Leave a Reply Cancel reply Your email address will not be published.This is a natural question if you are a foreign worker in the US who wants to either travel abroad during vacations or make a visit your home country.
Some H1B visa holders might be nervous to leave the US and worry that increased scrutiny of all H1Bs would prevent re-entry. After all, your sponsor invested the time and money to get the H1B approved, so they expect immigration to allow reasonable travel for their employee. However, there are a few caveats and things to keep in mind if you plan to leave the US for any period of time:.
The initial period of validity printed on your H1B visa is the expiration date regardless of how many times that you enter or exit the US, or how much time you spent traveling. The initial maximum period of validity is three years sometimes lessand that is not changed or extended by any time spent outside the US.
The clock keeps ticking on the three-year period even while you are abroad. Normal vacation periods of two to four weeks should not pose any problems at the border as far as re-entry, but immigration does have the right to see all of your H1B visa documentation. If you renew your H1B visa for an additional three years for six years maximum then time spent outside the US is not counted toward the six-year limit.
For example, if you left for three months, the H1B is valid for six years, three months total. If you stay outside the US for an unusual period of time, immigration and border control might question if you are actually still employed by your sponsor, so it is best to have some type of documentation as to the reasons. The only potential issue that an H1B visa holder might have is if other immigration policies somehow restrict entry. For example, when the Trump administration banned entry to the US for citizens of some countries, there were H1B visa holders that got trapped outside the country for a while.
The bottom line is go ahead and travel, but pay attention to the time left on your visa until expiration. Your email address will not be published.
Notify me of follow-up comments by email. Notify me of new posts by email. Leave a Reply Cancel reply Your email address will not be published.Whether or not you may travel internationally while your H-1B petition is pending depends on a variety of factors:. Skip to main content.
Travel while an H-1B Petition is Pending Whether or not you may travel internationally while your H-1B petition is pending depends on a variety of factors: If our office filed a change of status petition for you: You must not travel outside of the U. Your underlying H-1B petition may still be approved, but you would have to depart the U. Your H-1B status will take effect on the date that was requested. While travel, as outlined above, is permissible, you may encounter difficulties when re-entering the U.
Therefore, we recommend that you do not travel internationally from the moment your department starts the H-1B process with our office until your H-1B status takes effect.
Please note that you must be in the U. If the extension is approved while you are abroad, you must re-enter the US using that Approval Notice. 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.
If you must travel while your extension is pending and your H-1B status has expired, you will need to remain outside of the U. Your case may be converted to premium processing to accelerate the adjudication process. If you are changing employers, you may travel while the U-M H-1B petition is pending. However, travel during this period is not recommended as you will need a valid H-1B Approval Notice and visa to re-enter the US.
Should your previous employer have withdrawn its H-1B petition - which is likely - you cannot use your previous H-1B approval. Therefore, it is strongly recommended that you do not travel internationally during this period as you may not be able to return until your U-M H-1B petition has been approved.