Can I Travel While My H-1B is Pending?

Perhaps you’re considering leaving the US while you wait for your H-1B petition to be approved. Or maybe you want to apply for an H-1B but first need to know if it’ll impact your ability to travel.

The short answer is this: In most situations, you can travel internationally while your H-1B petition is pending.

The challenge? You need a valid H-1B stamp to re-enter the country. If you don’t already have a stamp, you’ll have to go to a US consulate abroad first before returning to the US. 

Getting an appointment at a US consulate can sometimes be tricky, so a quick trip to Europe for a conference could easily turn into being stuck outside the US indefinitely. 

Below we outline the most common situations immigrants with pending H-1Bs find themselves in and how they impact travel.

What is an H-1B visa?

An H-1B provides foreign nationals with employment authorization at a US company. To qualify for H-1B employment, applicants are typically required to have a Bachelor’s degree and a job offer in a field related to their degree.

To apply for an H-1B visa, the sponsoring company needs to send the following documentation to US Citizenship and Immigration Services (USCIS):

• Form I-129: an immigration form required for H-1B petitions
• Form I-907: an immigration form for requesting premium processing (optional) 
• An approved Labor Condition Application (LCA) from the US Department of Homeland Security (DHS)
• Filing fees
• Supporting documentation

H-1B applicants who are married or who have children under 21 can include their qualifying family members as dependents in their H-1B petition. Upon approval of the H-1B, their dependents will receive H-4 status.

Traveling when you have an H-1B petition pending with USCIS

Whether you are permitted to travel while you wait for USCIS to review your H-1B petition depends on the type of H-1B petition you filed. 

New H-1B Petition

If you leave the US after filing an H-1B Change of Status (COS) petition, your COS will be considered abandoned and your petition will automatically be adjudicated as a Consular petition. This does not mean that your petition will be denied, but it does mean that you won’t be able to re-enter the US on your new H-1B status without going to a US consulate first.

What is the difference between H-1B Change of Status and Consular processing?

When your sponsoring employer files a new H-1B petition, they can select COS or Consular processing.  COS processing is only available when the beneficiary (you) is physically present in the US on a valid status.

When a COS petition is approved, your status is automatically changed to the new status—in this case, H-1B.  Consular petitions are different because they require you to attend a visa interview at a US consulate abroad before beginning work on your new status in the US.

If you file a COS petition and then leave the country, your status cannot automatically be changed upon approval of your visa since you do not have a status when outside the US.

So, is it okay to travel with a pending COS petition?

Yes, you can leave the US while your COS is pending as long as you know that your petition will effectively become a Consular petition.  The result? You will only be able to enter the US on your new status (H-1B) if you attend a visa interview at a consulate abroad first. 

Depending on where you’re trying to book your interview, the wait times can be anywhere between a few days and over a year. Be sure to research and contact local consulates ahead of time; otherwise, you may get stuck outside the US.

How do I know if my petition was filed with COS processing?

If you are unsure, check with your sponsoring employer or immigration team. 

H-1B Extension of Status Petition

You can travel in and out of the US while an H-1B extension is pending if you have an unexpired H-1B stamp in your passport.  When you re-enter the US, present your valid H-1B stamp from your old H-1B, as well as the receipt notice for your pending extension (or approval notice if your extension is approved).

H-1B Change of Employer Petition

You can travel in and out of the US while an H-1B change of employer petition is pending if you have an unexpired H-1B stamp in your passport. When you re-enter the US, you will need to present a copy of your Receipt Notice (I-797) for your pending H-1B change of employer.   

Streamline the immigration journey with Deel Immigration

Are you a current H-1B visa holder considering switching to a new visa type or pursuing permanent residency? Or perhaps you're an organization looking to hire foreign talent on H-1B visas?

Deel Immigration brings together business immigration expertise and technology to make work visas and green cards easy. Schedule a free consultation with our team today to learn more.