Employment Based Immigration Handbook
III. H-1B INFORMATION AND REGULATIONS FOR THE FOREIGN NATIONAL EMPLOYEE
III.3 TRAVEL AND RE-ENTRY TO THE U.S. FOR THE H-1B EMPLOYEE
Prior to any travel, the H-1B employee must consult with CISP. Travelling abroad (including Canada and Mexico) will always pose certain risks for delay. If travelling outside the U.S., the documents listed below are typically needed to re-enter:
*** Valid passport (valid for at least six months in the future);
*** Valid H-1B visa stamp (If the employee does not have a valid H-1B visa, they will need to apply for one at a U.S. embassy or consulate prior to their return to the U.S.);
*** Original I-797 Approval Notice (Top and Bottom Portion);
*** A copy of the H-1B petition;
*** Employment verification letter;
*** Copy of J-Waiver (if applicable) ; and
*** Most recent paystubs.
An employee with an expired visa stamp will have to schedule an appointment to renew their H-1B visa stamp with a U.S. consulate. Certain exceptions may apply for travel to Canada and Mexico (automatic revalidation), but all employees should discuss travel plans with CISP prior to departure.
All travel has inherent risks as to the processing times for allowing an H-1B employee back into the U.S.
Note: In some instances, a consulate may implement 221(g) administrative processing in order to process the H-1B applicant’s visa stamp. Processing times vary, but be aware in those instances there can be a significant delay, and the time period to obtain an H-1B visa can take several months.
Those with a pending Change of Status are advised not to travel outside the U.S. until the H-1B has been approved. Travel in this circumstance may trigger abandonment. If travel is necessary while the H-1B is still pending, individuals must wait until they receive the Approval Notice and then obtain an H-1B visa at a U.S. embassy or consulate prior to re-entering the U.S.
The employee can enter no earlier than 10 days prior to the effective start date indicated on the approval notice.
Pending H-1B Extensions: Generally, it is ill advised to travel even in an extension circumstance; however, it is not an issue of abandonment. Please consult with CISP prior to any travel abroad.
Go to the next section: III.4 H-1B Approval Documents and Obtaining H-1B Status