Traveling internationally with H-1B status can be tricky. Here's a straightforward checklist and some essential tips to help you prepare. Note that some airports, like Chicago, and pre-flight immigration stations, such as Abu Dhabi, can be particularly strict for H-1B holders, especially those working at client sites or for smaller companies.
H-1B Travel Document Checklist
- Valid I-797 Approval Notice: This shows your approved H-1B status.
- Supporting Documents: Include the forms and letters submitted with your H-1B application (like the I-129 form and Labor Condition Application). End client letter if you are placed at a third party client site.
- Recent Paystubs: Bring paystubs from the last three months from your employer.
- Form I-612 Waiver Approval: If you previously had a J-1/J-2 visa and needed a waiver to switch to H-1B, bring this approval notice.
Important Documents
- Passport: Your passport must be valid for at least six months beyond your planned re-entry date to the U.S. Check if your country has an agreement with the U.S. that extends passport validity automatically.
- Visa Stamp: Except for Canadians, everyone needs a valid H-1B visa stamp in their passport. You can only get or renew this stamp at a U.S. embassy or consulate outside the U.S. There's a limited pilot program for some visa renewals within the U.S., but details are still emerging.
I-94 Record
When you enter the U.S., you'll get an I-94 form that shows your allowed stay. Always check the departure date on your I-94 to ensure it matches your H-1B approval.
Traveling During H-1B Changes
- Pending Status Change: Avoid traveling abroad if you're changing to H-1B from another status (like F-1 or J-1). Traveling can mess up your application.
- Extension of H-1B: If you're extending your H-1B status, talk to your legal adviser before making travel plans. Traveling can affect your extension process.
Changing Employers
- New Job: If you're switching employers and traveling during this time, keep in mind:
- If you return before your current H-1B with the old employer expires and have a valid visa, you should be fine. However, the Start Date of your H-1B transfer does have serious implications.
- If you travel after the new H-1B is approved, carry the new approval notice. Your visa might still show your old employer's name, but present the new approval at the border.
Passport and I-94 Validity
- Passport Expiry: If your passport expires before your H-1B end date, your stay in the U.S. will be shortened to your passport's expiration date. You'll need to renew your passport and might have to travel outside the U.S. to extend your stay to match your H-1B approval.
- I-94 Validity: Always check your I-94 validity to avoid losing your H-1B status and work authorization. Sometimes, officers may give a 10-day grace period at the end of your I-94 validity.
Airports and Pre-Flight Immigration
- Restrictive Locations: Be aware that certain airports and pre-flight immigration stations can be more restrictive for H-1B holders, particularly those working at client sites or for smaller companies. It's important to have all your documentation in order and be prepared for additional scrutiny at these locations.
For any travel-related questions or complications, always consult with your legal adviser to ensure smooth travels.
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