Travelling Outside the U.S. During H-1B Status
Travel Restrictions
Please check The University of Toledo, Center for Disease Control and Prevention (CDC) and U.S. Department of State websites for travel restrictions and National Interest Exceptions.
Travelling Outside the U.S. During H-1B Status
While in H-1B status, you can travel outside of U.S. for business or personal reasons. Prior to any travel outside the U.S., please check with your direct supervisor and then consult with OISSS to ensure smooth re-entry to U.S. In addition to following immigration policies, employees must follow all UToledo employee leave policies.
Travelling abroad (including Canada or 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. Passport should be valid for six months beyond the duration of your H-1B status;
✔ 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 (Contact OISSS if you do not have a copy of your H-1B petition.);
✔ Employment verification letter (Contact OISSS to obtain an employment verification letter.);
✔ Copy of J-Waiver (if applicable); and
✔ Most recent paystubs.
Returning to the U.S.
If you travel outside of U.S. while on H-1B status, print your I-94 online every time you re-enter the U.S. and provide OISSS with a copy to ensure that you were admitted in H-1B status for the correct validity period. If there are any mistakes on the I-94 or if your “Admit Until Date” does not match your H-1B validity period, please contact our office right away.
Expired Visa
An employee with an expired visa stamp will have to schedule an appointment to renew his or her 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 OISSS prior to departure. All travel has inherent risks as to the processing times for allowing an H-1B employee back into the U.S. For more information on automatic revalidation, go to U.S. Visas site.
Administrative Processing Delays
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 that in those instances there can be a significant delay and the time period to obtain an H-1B visa can take several months.
Passport Expiration Prior to H-1B End Date
Upon reentry into the U.S. after a trip abroad, if the Beneficiary’s passport expires prior to the H-1B end date, CBP may short end the I-94 “admit until” date. Example: An H-1B employee is granted work authorization for three years from July 2, 2014, until July 1, 2017. The employee travels abroad but has a passport that expires on May 14, 2016. Upon return to the U.S. the CBP border official will shorten the I-94 expiration (“admit until”) date to match the date the passport expires, May 14, 2016. This results in the employee’s status expiring on May 14, 2016, despite their H-1B approval notice being valid through July 1, 2017. Here, the employee should immediately discuss with OISSS the options available for extending status. It is the employee’s obligation to maintain lawful status throughout the entire validity period.
Pending Change of Status Petition
Those with Pending Change of Status petitions 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 reentering 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 Extension
Generally, it is ill advised to travel even in an extension circumstance; however, it is not an issue of abandonment. Please consult with OISSS prior to any travel abroad.
- An employee who holds H-1B status is not prohibited from travelling abroad while the H-1B petition for extension of stay is pending as long as they return to the U.S. prior to the current H-1B expiration date
- It is prohibited to travel abroad during the 240-day automatic extension period of work authorization once the current H-1B period has expired. If the individual must travel during this time, the employee must stay abroad until the H-1B extension is approved and must apply for a new H-1B visa before entering U.S.
Employee Abroad Obtaining H-1B Status
Individuals currently outside the United States must apply for the H-1B visa stamp at a U.S. Embassy or Consulate after they receive the I-797 Approval Notice from OISSS. Please note that individuals with approved petitions may enter the U.S. no earlier than 10 days prior to the effective start date indicated on the I-797. Upon entry to the U.S., individuals will receive an admission stamp near their H-1B visa stamp in their passport. To retrieve an electronic I-94 Arrival/Departure record, go to U.S. Customs and Border Patrol I-94.