As the H-1B Cap Lottery has closed and summer approaches, it is important to be well-informed about international travel guidelines as it relates pending H-1B petitions, visa stamps, and requirements for re-entering the United States. Here is what you need to know before you travel internationally.
What to Do Before You Leave the United States
Before traveling internationally, it’s essential to stay informed about any health and safety updates for your destination. Make sure you’re up-to-date with all recommended vaccinations and check the current health situation in the country you’re visiting. It is important to know all travel requirements for your destination whether traveling by air, land, or sea as it relates to proof of vaccination, mask-wearing, testing, and quarantine.
Visa Processing Delays and Visa Stamps
There has been a significant backlog of cases since many consulates were closed due to COVID-19. Due to the backlog, obtaining an appointment for a visa at a consulate is taking many months. There are some consulates that are reopening but it will likely take many months to reschedule canceled appointments from earlier in the pandemic. When traveling abroad, please plan for additional time for visa stamping appointments.
Nonimmigrants with an expired visa stamp will need to obtain a new one before returning to the U.S. Appointments for visa stamping should be made as early as possible as appointments may be limited due to local and U.S. holidays and COVID-19. If you need assistance with preparing your nonimmigrant visa application (DS-160) please contact us or your designated Meltzer Hellrung attorney.
Pending Cases with USCIS
Those with a currently pending case with USCIS should consult with their employer’s immigration attorney to determine any travel risks. Individuals with pending nonimmigrant cases for change of status or extension of status generally should not travel abroad until the case is adjudicated. Leaving the U.S. while the case is still pending may result in the case being approved for consular processing thus requiring the individual to leave the U.S., obtain a visa stamp, and re-enter in order to “activate” the new approval.
For individuals on cap-gap with expired OPT and pending or approved H-1B lottery cases should not travel abroad as this will negate the cap-gap authorization. Please note that the cap-gap work authorization period ends September 30th. H-1B beneficiaries can remain in the U.S. beyond that date while an H-1B application is under review, but cannot work until the H-1B is approved.
Passport Validity
Passports should be valid for the period of the intended stay. If entering with a passport that expires before the end date on the I-797 approval notice, U.S. Customs and Border Protection may shorten the new I-94 to match the passport expiration date. Individuals from certain countries must have passports valid for at least six months beyond the period of the intended stay however, most countries are exempt from this requirement.
Re-entering the United States
When returning to the U.S. on a nonimmigrant status we suggest carrying the following documents:
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Current passport
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Current I-797 approval notice
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Signed employment verification letter confirming current position, wage, etc.
Please reach out to your designated Meltzer Hellrung attorney if you have any questions regarding travel.
