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Article

7 min read

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

Immigration

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Author

Jemima Owen-Jones

Published

October 09, 2024

Last Update

October 09, 2024

Table of Contents

What is an H-1B visa?

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

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

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

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

Streamline the immigration journey with Deel Immigration

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.

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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.

FAQs

First, remember that you can only re-enter the US on H-1B status if you have a valid H-1B stamp in your passport. Depending on your situation, this may mean you need to get your visa stamp at a US consulate abroad before re-entering at a US port of entry.  At the US port of entry, the CBP officer may ask you to present the following documents:

  • A valid passport from your home country (with an expiration date of at least six months in the future)
  • A valid H-1B visa stamp (in your current passport or in an expired passport)
  • The I-797 receipt notice for your pending H-1B or a valid H-1B approval notice
  • A letter from your sponsoring company confirming your employment (or job offer)
  • 3+ recent pay stubs (if you are already employed in the US)

Yes, upon approval of your H-1B, you can travel in and out of the US freely. 

For the most part, travel to Canada is treated no differently than travel to other countries. However, there are some circumstances in which travel to and from Canada may have different implications for US visa holders. 

For example, under automatic revalidation, you can re-enter the US with an expired visa stamp if you spent less than 30 days in Mexico or Canada. However, before you travel with an expired visa stamp, consult with an immigration attorney. 

Yes, dependents on valid H-4 status can travel internationally. 

Yes, you can travel while an LCA is pending for your H-1B.

Yes, you can travel between US states while your H-1B petition is pending. Travel within the country has no impact on your pending petition.

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About the author

Jemima is a nomadic writer, journalist, and digital marketer with a decade of experience crafting compelling B2B content for a global audience. She is a strong advocate for equal opportunities and is dedicated to shaping the future of work. At Deel, she specializes in thought-leadership content covering global mobility, cross-border compliance, and workplace culture topics.

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