uscis travel while extension pending

Travel While H4 EAD Pending (H4 Ext, COS Abandon, New Stamp)

Travel While H4 EAD is Pending is allowed. Pending H4 extension or COS may be abandoned, H4 EAD may receive RFE to prove H4 status by sending new i94.

You can travel out of the country while your standalone H4 EAD application is pending with USCIS. Note that H4 EAD can be denied if your H4 COS or an extension is also pending with the EAD application.

The H4 extension biometrics can only be taken in the USA at this time. This H4 extension is filed using form i539 without leaving the USA. Biometrics in the USA are taken by USCIS and fingerprints outside the USA are taken by the Department of State (at the US embassy). They do not share their data at this time. The same rule applies to F1 and L2 biometric appointments in the USA.

USCIS may send an RFE to ask for H4 status or request an updated H4 i94. Some people have received H4 EAD RFE to prove H4 status and submit a new i94 . I would advise you to travel internationally like in India if someone in the USA (like your husband or family) can receive the notices from USCIS and respond if required. In a normal scenario, you do not receive RFE or need to visit the application support center for H4 EAD. But, if you do, you will have to come back to the USA.

You can use this app to fill out the EAD form , validate all, and make sure the form is not rejected or an RFE is sent by USCIS.

This article will discuss:

Traveled Outside USA, Re-Entered with H4 Visa Stamp

Extension with h4 ead pending, h4 cos, ead pending.

USCIS will abandon your H4 COS application immediately as you step out of the US and will also deny your H4 EAD application.

You should wait for H4 COS approval and then you can travel while H4 EAD is pending. 

It does not matter if you are going to re-enter on an H4 visa. The simple rule is that the COS application is abandoned as soon as you leave the USA.

Need Help File Application?

If you need help filing, use AM22Tech’s hassle-free visa extension and EAD filing service to file your application with USCIS.

Your application is filed within 1-2 days if you have all the documents ready and uploaded.

Your passport-size photos are edited and printed automatically. You just need to upload your photos online in our app and we take care of the rest.

The better, faster, and recommended approach:

• Travel to Mexico or Canada to get an H4 visa stamp as it is faster than the H4 Change of status processing time in the USA.
• Enter the USA using an H4 visa stamp. This saves time as you get on to H4 status immediately on re-entering the USA.
• Apply for H4 EAD after entering the US to get EAD approval within 3-6 months. No biometrics appointment is required for a standalone H4 EAD application.

If you did travel outside the USA while your H4 COS was pending and are now entered using your H4 visa, you should file a new H4 EAD application .

The old H4 EAD application can be left under processing if it is still pending.

You may or may not receive approval for pending H4 EAD. Some people have received approval but for others, an RFE has been issued to prove H4 status.

As per the official rule, the USCIS can (it varies) deny the H4 EAD application as you abandoned your H4 by traveling outside the US.

H4 Extension is Pending

Your H4 extension may be automatically abandoned by USCIS if you travel while it is pending.

H4 extension is filed to get a new i94 when the person does not want to travel out of the US. The whole purpose is lost if you travel after filing an H4 extension.

H4 is a dependent visa and does not need petition approval as an H1B does. Hence, you do not need an H4 i797 to get an H4 visa stamp on the passport.

There are two ways you can get an H4 extension:

• Apply for an H4 extension using form i539 while staying in the US OR
• Go out of the US, fill out form DS160, and apply for an H4 visa stamp using an approved H1B i797 .

USCIS will not issue a new i94 even if they approve the H4 extension. You should get a new H4 visa stamp from the US embassy.

The embassy will take your Biometric fingerprints.

Your pending H4 application should be withdrawn once you re-enter the USA. Pending H4-EAD will most probably get an RFE to prove your H4 status.

At the time of this RFE, you can submit your new H4 i94 and H4 visa stamp.

Source: USCIS

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Students seeking advising services can see our student services page , which includes virtual and in-person options. For J scholar and Employment-based services, please see our Contact Us page .

Travel and Re-entry to the U.S. While on OPT

Can i travel while on opt.

Entering the U.S. infographic

Useful Employment and Career Links

• Social Security Numbers
• Berkeley Career Engagement's Int'l Student Website
• Networking & Mingling
• U.S. Tax Reporting Requirements
• UC Berkeley Departments: Hiring Employees on F-1 OPT/STEM OPT
• U.S. Employer Guide for Hiring Int'l Students
• Student Discovery Hub
• Safe Practices for Researching Employers

Please note :  The information provided in this post was accurate and up-to-date at the time of posting. Due to the dynamic nature of immigration policy, it is possible that the information or links provided may have changed over time. Users are advised to verify the accuracy and relevance of the content.

Traveling while on OPT or OPT STEM Extension

In general, an F-1 student on post-completion OPT or STEM OPT may travel outside the United States temporarily and be readmitted to resume F-1 status and employment for the remainder of the period authorized on his or her EAD card. The student must not have exceeded the maximum OPT unemployment or OPT STEM Extension unemployment time and must not have been absent from the US for more than 5 months.

Please also review all general travel and re-entry information on the main Travel and Re-Entry page. 

WARNING: Re-entering the United States in a status other than F-1 (such as a tourist) will invalidate F-1 status and OPT authorization.

*Travel While OPT or OPT STEM Extension is Pending 

Travel during the OPT application process is allowed, but not recommended as it poses certain risks. Keep in mind the following:

• You will need to have someone monitor your mail and let you know if you receive any communications from USCIS.
• If you receive a Request for Evidence, you will need to respond by a specific deadline, which could be difficult from outside the U.S.
• For post-completion OPT:  If you are denied for OPT while outside the United States after your Program Completion Date, you will not be able to re-enter or reapply. Your F-1 status will end.
• For OPT STEM Extension: If you are denied for OPT STEM Extension while outside the United States after your OPT EAD end date, you will not be able to re-enter or reapply. Your F-1 status will end.
• If you are approved for OPT/STEM while outside the United States, you will need to arrange for your EAD card to be sent to you in order to re-enter the United States.
• If your F-1 visa is expired, you will need to reapply for an F-1 visa with your EAD card and proof of employment.
•  If you choose to travel while your application is pending, be sure that you are monitoring your mail. Sign up for an account with  USCIS Case Status online . C ommunicate with BIO about your travel plans. 

OPT/STEM I-20 Updates & Travel Endorsements

During OPT/STEM, the I-20 should be up-to-date with your current information, and the travel endorsement is only valid for 6 months .

• Employer Updates: If your OPT or STEM OPT is Approved, your I-20 should reflect the approval and your current employer on page 2. Follow instructions on the OPT Reporting page to log into the SSU Hub to upload your approved EAD card and to add any new employment. You'll receive a new I-20 via email in 5 business days with the new  employer.
• Travel Endorsement: To receive an updated travel signature, follow the instructions on our Travel Endorsement page .
• Replacement I-20: If you need a new OPT or STEM I-20, you can submit a  Replacement Document request (#13)  to receive a new I-20 with a new travel endorsement via email. (Note: BIO has a 5 business day processing time!

Getting an F-1 Visa Stamp During OPT/STEM

If a student's F-1 visa has expired and the student wishes to travel outside the United States, a new F-1 visa must be obtained before re-entering the United States. Students who need to apply for a new visa should consult BIO prior to travel to discuss the visa application process and possible risks. General Visa information can be found on the  Applying for a Visa  webpage. If your F-1 visa has expired, and OPT or OPT STEM Extension application is pending, you will NOT be able to apply for a new F-1 visa until the application is approved and you have the EAD. 

If You Are on OPT & Have a Pending or Approved H-1B or OPT Cap-Gap I-20

Please first check with your employer and the legal counsel processing your H-1B about your travel plans. Berkeley International Office can only advise you on travel as an F-1, but we cannot advise on how your travel might impact a pending or future H-1B request. Students travelling using an OPT Cap-Gap I-20 should see the H-1B Cap Gap page for more information.

Travel out of US with H4 Extension, COS or H4 EAD Pending – Options?

Since the introduction of New I-539 form, Biometrics Process by USCIS , earlier this year, it has been a long wait for many of the H4 visa holders, who are waiting for their H4 extensions and H4 EAD approvals. Previously, when H4 extensions and H4 EAD were filed along with H1B petition in premium processing, as a courtesy USCIS was giving approvals of H4 and H4 EAD along with H1B within 15 days, but this has changed with the new biometric process. Many of our users shared their experiences of H4 Extensions, with EAD and Biometrics Processing , where they are waiting for over a month since their biometrics for the approvals.  Some of them have planned travels and not sure, how the whole thing would pan out. In this article, we will review various scenarios and options tied to travel with H4 Extension, H4 Change of Status (COS) or H4 EAD pending.

Travel is something that can be inevitable at times and first thing we need to understand is, can you travel out of US, if so, what are the consequences. Sometimes you may have travel after applying H4 Extensions or COS, sometimes you may have to travel after applying for H4 EAD only. Let’s look at all of the combinations.

Can you Travel out of US, when your H4 Change of Status (COS) is pending?

Yes, you can travel out of US, when your H4 Change of Status is pending. But, the most important thing to understand is that your H4 COS application filed with USCIS using Form I-539 would be considered abandoned and subsequently denied, if you leave US when it is pending.

Can you Travel out of US, when your H4 Extension is pending? I-94 Mismatch.

Yes, you can travel out of US, when your H4 Extension is pending. There is no official reference given by USCIS on how they will handle extension petitions with travel, but based on experiences shared by users, H4 Extension have not been abandoned and continued to be processed. The key thing is, when you re-enter US and go through Port of Entry Procedures the CBP officer will give you new I-94 and that number would be different from the H4 extension that you received with USCIS. You may have issues with the I-94 mismatch at DMV when trying to renew license or other things as it uses SAVE Database. You will be considered in status and everything will be fine, but the only issue is with I-94 mismatch. You may need to travel again and re-enter to fix this issue. We had few users report that their H4 was processed even though they left the country and it was adjudicated, but the I-94 number was different.

I am on H4 Status in US and filed H4 EAD only. Can I travel out of US, when my H4 EAD filed with form I-765 is pending?

Yes, you can travel out of US with your H4 EAD in pending status, provided you meet all the H4 visa requirements to re-enter US.  But, traveling outside of US may delay your H4 EAD processing…Let’s say, if USCIS requests for more information regarding your EAD application and issues an RFE or a Notice of Intent to Deny(NOID) and if you do not respond on time for RFE or NOID with the required information requested by USCIS, they may deny your H4 EAD by considering that it is abandoned.  Check below screenshot from USCIS website regarding the same.

Can I travel outside of US when H4 Change of Status (COS) filed along with H4 EAD is pending with USCIS? ( H4 COS + H4 EAD )

Yes, you can still travel out of US, but your H4 Change of Status will be considered abandoned and subsequently denied. As your H4 COS is denied, your H4 EAD application will also be denied.    Check below exact official text from USCIS website.

Can I travel outside of US when H4 Extension filed along with H4 EAD is pending with USCIS? ( H4 Extension + H4 EAD )

Yes, you can travel out of US, but the only issue is with the I-94 number mismatch. There is no official reference to this, but based on users’ experiences, we had few users report that their H4 extension was continued with processing and also their H4 EAD was also processed and it was delivered to them, when they were back in US. But, the issue was with the I-94 number mismatch. As mentioned above, when you re-enter US and go through Port of Entry Procedures the CBP officer will give you new I-94 and that number would be different from the H4 extension that you received with USCIS. You may have issues with the I-94 mismatch at DMV when trying to renew license or other things as it uses SAVE Database. You will be considered in status and everything will be fine, but the only issue is with I-94 mismatch and you may need to do another trip to fix the issue

Travel with H4 COS + H4 EAD pending with USCIS, but re-entered US on H4, will my EAD application be approved ?  

Also, let’s say you file for H4 COS + H4 EAD together, but you exited before the approval from USCIS and re-entered US on H4. In such cases, even you are on H4 status after you entered US, USCIS will deny your H4 EAD application that was filed before as it was filed by you with a different I-94 and in different status ( see below screenshot). You need to re-file form I-765 for your H4 EAD with USCIS.  Also, you should withdraw your previously filed H4 EAD application with USCIS, if that is pending when you file your New H4 EAD application  

USCIS Recommendation when you Travel out of US with H4 Extension or COS pending with them

If you travel out of US with your H4 Extension/ COS, which is filed using Form I-539, pending with USCIS, they recommend that you keep a copy the extension or COS application and the copy of receipt notice to be showed to the immigration inspector, when you go arrive in US and go through Port of Entry Procedures to ensure that you did not overstay. Also, I suggest you check, and print copy of the I-94 online , US Travel History during your exit and have it handy a additional proof. Below is screenshot from USCIS website on the same.

What is the general guidance for filing H4 or H4 EAD with Travel plans ?

• Planned Travel : If you know ahead of time that you plan to travel outside of US within a short period of time, then do not file any H4 Extension/ COS application with US, including H4 EAD application. Just get done with your travel, re-enter US and then file for H4 COS along with H4 EAD.
• Unknown Emergency Travel : If you have an emergency and have to leave US with H4 COS or Extension and H4 EAD Pending, don’t worry too much about all of these, just leave, get your H4 Stamping done, if needed and then re-enter on H4, file a new H4 EAD application ias needed. 
• Planned Non-Emergency Travel : If you have planned travel and have filed H4 COS/ Extension + H4 EAD together, if you can delay your planned travel, wait for the H4 COS / Extension to be approved and then you may travel with H4 EAD Pending. In such cases, make sure you have someone to receive your H4 EAD related mail from USCIS for you to know if there is any RFE or NOID and you need to respond to the same.
• Emergency Travel with H4 EAD pending : If you on H4 in US and filed for H4 EAD only, and have to leave US on emergency, then make arrangements so that someone can collect mails from USCIS, so that you do not miss out any RFE or NOID kind of letters from USCIS. Once you receive any such RFE, make sure you come back to US and take care of them and send relevant information to US on-time.  If you do not respond on time, then they will consider your application as abandoned and deny the same.

Yes, if you are eligible for general Visa Dropbox requirements, then you can go for H4 stamping using Dropbox. Having pending H4 extension does not matter. All you need is H1B approval for it.

Did you travel with H4 or H4 EAD Pending ? Share your thoughts

Reference : USCIS H4 EAD FAQs

Other Articles

287 comments.

Hi my husband h1 b petition is approved and we are now planning to do h1 and h4 stamping together in india without applying for h4 visa extension in USA.. h4 visa is expiring in June end 2023.. if I don’t get the visa slot before the visa expiry date then shall I apply extension here in US?? I mean before how many days should I apply or is it a good idea to apply h4 and h4 EAD extension here and travel to india before visa expiry and get it stamped ?

Hi I am on H1b, have status valid till 2023 Oct. but my stamping on passport is h4 which is valid till October 2022. Can I travel to India and return before October without getting new H1b stamping.

Please let me know.

Jo, If you want to work on H1B, you need to get stamping and enter on H1B. If you enter on H4, you cannot work, you will need to again apply for COS to H1B from H4.

What happens to H4 extension(I-539) and H4 EAD (l-765) ?

Few below questions

I have left USA on 05/04/22 and my both H4 extension and H4 EAD approved on 05/09/22.

Q1 :- Once I will be back will it be valid or do I need to reapply H4 EAD again ?

Q2 :- With the recent ( 05/09/22) h4 approval can I go for visa stamping in india ?

I have these questions because while h4 and h4 EAD were processing i left USA a week before the approval.

Please please .. help..

Thanks in advance.

Hi. Can you update us on what happened further?

I haven’t got any response. Are you in the same boat like mine

My wife and daughter planning to travel first time to USA with valid stamping with my current employer by next month.

I am Changing job and new employer applying H1 transfer in couple of weeks. And I am planning to wait till transfer get approve to join new company. Now my question is Can H4 travel to USA while H1 transfer is Pending or processing with my current employer i797 ?

Can you please share the link to USCIS where you have gotten the screenshots above?

Hi All, My H1 got approved and my Wife’s & Son’s H4s are pending for extension. Not yet received Bio-Metric appointment itself. We’re planning to travel on June. So no chance of decision before June. 1. Can we all go for dropbox (H1 Expired 21Mar2021) with H4 pending? 2. Before go for dropbox should I recall / withdraw H4 petition? How? Kindly share your experiences

Hello, I am also in the sand boat. Can we travel with H1 + EAD extension pending? Can I Get H4 stamping from India via drop box with H1b approval notice?. How long does it takes to get EAD once we are back?

Yes you can I did the same last year with h4 stamp . File EAD in premium and you can get it in 15 days.

Gaurav, are you sure about what you have said above. Please verify before you give such confident advice. There is no Premium processing for EAD and you cannot receive it in 15 days

Probably what Gaurav meant to convey is he might have filed H1b premium extension along with H4 extension and H4 EAD renewal i.e. a blanket application. Nowadays, premium application applies to H4 and EAD too and I have seen multiple cases where all of them approved same time. Trump administration had put a hold on it but Biden administration resumed it to catch up with Covid backlog.

Thanks for helping everyone here.

My h1b is approved till 2023, however my son’s H4 is still pending. Current H4 visa stamp expired this month.

I am planning to travel with my son in few months to india and will select the drop box option.

I understand that H4 visa stamp can be done using the H1b approval notice. My question is regarding the H4 stay in US while his application was still pending.

How do I justify the stay of my Son in US after his current h4 visa expired till I leave the country with him? I do have the receipt notice for his h4 extension

As they don’t ask any questions while selecting Drop box option, can they deny the H4 visa thinking that he overstayed in US?

Please help!

I have applied my H4 extension (I-539) and H4 EAD ( I-765) together on Nov 2020 and still under processing. As you know it is taking long time for USCIS to adjudicate approval due to covid situation. I need to go India for a medical condition of my family member. My husband’s H1B visa got approved on December 2020 and its valid till Oct 2023. I have few question as mentioned below.

1 If I go to India I should be able to do H4 visa stamping using my H1B approval right?

2. If Yes then what will happened to H4 extension that is currently processing? Will H4 extension will be cancelled automatically?

3. And also what will happened to H4 EAD (I-765) extension that is currently processing? Do I need to file H4 EAD (I-765) extension again when I will come back from India or it will still continue processing until approval?

I am in the same boat. My Wife applied her H4 extension in Nov 2020 as well and my H1B is approved till 2023. Please let me know what you learn

Hey I am in a similar situation, please if you can update what happened in your case?

Hi Mousumi what did you finally do in your case. Currently I am in this situation and wanted to know about the options.

What did you do in your case?

Hai Did you have any answer . Can you please let me know

Hi Mousumi,

How did this process go, I am in same boat right now.

Thanks kumar

I have approved H1b (I-797) till 2023 and my wife has approved H4 till 2023 with biometric done in US. A month ago we applied for H4 EAD, while the process is in progress we anticipate a travel to India in month of June 2021 and back by August 2021.

Can we travel to India, get Stamping for both of us and expect no impact on current EAD processing or we would get RFE due to travel ?

Also would the travel outside USA change here I-539 I-94, that cause a RFE ?

Thanks in advance for replies!!!

Can someone please comment on the current scenario I expect myself to be in. Scenario: Current H4 EAD valid till may 2022 March 2021: Change of H1 sponsor/employer April 2021: H4 stamped in India based on approved H1B/I-797 from new employer Will my old H4 EAD be still valid once I enter US

Thanks for helping ppl with their questions. – We applied for H1, H4 extension and H4 EAD on DEC-15-2020. Got H1 approved In jan. – My wife has to go to India and she went to India and got her H4 visa stamped. – Now she is back to USA with new H4 Visa stamp. – Do you recommend to reapply for H4 EAD Extension ? – I have spoken to two different law firms , One said i don’t have to and other said It’s better to apply. – What would you recommend ? – We only got two more additional months before her H4 EAD Expires and she is in verge of loosing her job.

Where did your wife get her H4 stamping in India? Was there quarantine requirements for her while traveling to/from India?

Now that your wife has a fresh H4 status, how long will it take for her EAD to be issued?

Hello, Well I am in same boat. My H1 B is approved until 2023 and my Wife H4 Extension is pending since Aug 2020. Even I am planning to travel and get her stamped. So Did you applied as fresh H4 in India or just took appointment for stamping based on current h4 extension filed to uscis?

Hi ck, can you provide your email ID, and we can share the experiences, as I have a similar situation.

Did you find an answer to your questions? I am confused too if I would have to reapply EAD once I get my H4 stamped in India.

Hello, Did your wife applied dropbox or went for a regular in-person interview.

About Applying H4-EAD, Did you receive any information on that? should we apply it again

I entered US on L2 visa. My husband’s Change of status from L1 to H1B approved in December 2020. So my H4 application submitted on January 2021. My current I94 that I got when I entered using L2 , expires on October 2021. With current delays H4 processing takes lot of time. So Should I have leave US in 180 days i.e mid of Jun if H4 is not approved or can I stay until my current I94 expires on October 2021?

Raja, If you have applied for COS on time before expiration of I-94, you can continue to stay in the country, even after your I-94 expires.

Hi, Current H1, H4, H4-EAD expiring on 05/30/2021, and H1 extension will be filed next week. Since H4 and H4-EAD are taking a lot of time (10-12 months), isn’t it a good idea to do the following: Apply for an H4 visa (using DS160) as soon as the spouse gets H1 approval -> Get an appointment for the earliest date outside the US (right now I only see Abu Dhabi having the least waiting period of 30 days) in Abu Dhabi (obviously, get an Abu Dhabi visa as well) -> When the appointment date is almost there, travel outside the US to Abu Dhabi -> Go to US Consulate in Abu Dhabi on the appointment date -> Get visa on the passport in 7-10 days -> Come back to the US -> Apply for EAD

Questions: 1. Do you see there is any glitch in this plan? 2. If the H4 extension and H4-EAD extension are filed with H1B extension, what will happen to those applications? Will they be automatically abandoned? Do I need to do anything other than just sending another I-765 to USCIS?

Did you get any response from other forums on this question?

Hi Kumar , I got my h4 visa till April 2019 while in US but didn’t renew it after that and left US in aug 2019. Will they question about this in the interview. Are emergency appointments available now for h4.

Sam, Yes, but technically you are eligible for dropbox until March, try that route.

Thank you for your prompt reply Kumar. But, from April 2019 to Aug 2019 I was not on any status as my husband’s attorney didn’t file for H4 when applying for husband transfer and extension. Will the VO question about this

Sam, You were out of status during that period. During filling DS-160, there is question that asks “Have you ever been unlawfully present, overstayed…”, it is under security. You should write and explain your situation there. If you do not disclose, you are lying and that is a bigger offence. Talk to an attorney and handle it carefully.

Thank You so much. Will take necessary steps.

Hi Kumar, I’m drop box eligible but not finding any slots for chennai or Hyderabad. Looking for slots in other locations but my account got locked. Is there any possibility where I can go for regular appointment instead of Dropbox.

Can I please know what happened in your case. Did you mentioned about unlawful presence in your DS160 form? Did you got your visa approved through dropbox?

I have a question regarding my H4 and H4 EAD application that are currently in process (H4 – August 12th, Nebraska) and H4 EAD (October 5th,Nebraska). I have travel coming on Feb-5th till MArch 12th and H4 stamping on Feb-9th. I want to know what will happen to my applications. (My stamping expired back in 2018 and visa expired on Dec-31st,2020.

1) If I come back to US in March on stamped H4 visa, is there any way that I can send my latest I-94 for my H4 EAD processing?

2)In case my H4 gets denied, will there be any chance to reopen the case by sending my I-94 back to USCIS ? If yes, please let me know if I can appeal to reopen my case in case application is abandoned?

3)Do you know of any approvals of H4 even if the applicant is not in US?

Swapna, 1. Well, unless they ask, it does not work. 2. It may not matter as you would already have the H4 visa stamp. You could technically send withdrawal letter to withdraw H4 after your stamping. 3. Some have got that in the past for extension situations.

Hi Swapna, I am in similar boat. Can you please call me on 607-654-3417 or drop an email to [email protected] to discuss?

I have applied for my renewal h4 and h4 ead. Biometrics are done… I got my h4 ead card in hand but h4 renewal is still processing

I am planning to go to India feb 1st week My husband is gonna be in the USA and he got his i797 approved. He doesn’t have approved visa on his passport as he didn’t go to India for his Dropbox

1) will my h4 visa in the USA will be denied if I exit from the USA? 2) I think I will be eligible for drop box as it’s renewal- My husband renewal i797 will be sufficient for my drop box?

RK, If you are going to get H4 stamping done in India, it does not matter what happens to your H4 processing in US. Yes and maybe some supporting documentation like pay stubs, visa copy, etc.

Thank you . What will happen to my EAD card in hand? It will still be valid and I can use it right once I am back from India? Or I will have to file a new one here again? Please advice

Hello, Daughter’s H4 i94 expired on first week of Jan-2021 and extension in progress since jun 2020. Now we received the biometric for her on 1st feb. But we will be travelling to india this week 25th jan and will use Dropbox to stamp for H1 & H4 on16th Feb .

Will there be any issue for her status also any issue as we are not appearing for interview & they will reject ?

Hello, Daughter’s H4 i94 expired on first week of Jan-2021 and extension in progress since jun 2020. Now we received the biometric for her on 1st feb. But we will be travelling to india this week 25th jan and will use Dropbox to stamp for H1 & H4 on16th Feb .

Hi, I am on H4 AND H4 EAD. Luckily I got my renewal H4 EAD but my renewal H4 visa is under process. I got done with my biometrics on NOV 24th and didn’t hear back from USCIS after that. I have plans to visit INDIA Feb 1st week. My question is – Can I still travel to India when my H4 is under process? 2) My husband h1b got approved in 2020 but he has not gone to India for dropbox yet. If i plan to go to India – I would be eligible for drop box as its renewal? would US embassy require my husbands approved visa on passport or just approved visa papers would be fine?

Thanks in advance

RIYA, If it was extension, should be fine. At least, based on previous experiences. Anyways, when you enter the country, you will get new I-94 and you need visa, so you are fine. Dropbox renewal is subject to you only, if you meet the requirements. Check them.

When did you applied for H4-EAD application? How much time it took for approval?

Hi , My husband already has his H1B extension till Dec 2022, but his stamping is pending .My current h4 is going to expire on Feb 15 2021. I have applied for my H4 and H4EAD extension. And it is taking lot of time , i have still not received biometric appointment yet. My Husband’s friend suggested us to travel to India and try drop box option , through that i can get my h4 extension and stamping done.

So please help me with my below doubts:- 1. Can i travel to India and try drop box option to get h4 visa extended and stamping ?Is this option available for H4? 2. If this option is available then can i only apply for dropbox? Or does my husband also need to apply for his stamping at the same time through dropbox ? 3. If i am travelling to India , will it affect my current H4 and H4EAD extension which i have applied.? 4. And if i get my H4 extended though dropbox. Then what will happen to my current H4 and H4EAD extension which i have applied. How will my H4EAD be processed?

Please Help me with this.

Sweety, 1. It maybe, but getting a slot is tough. It may or may not speed up the H4 EAD processing because they would not know that you have H4 approved. 2. If you already had h4 stamp, you can try dropbox alone. Getting a slot is hard part. 3. Well, if it was extension should be fine. But, there may be I-94 mismacth cas we put in article above. read it. 4. read above article, it has this addressed.

thank you Kumar

Hi Ram. My H1B extension was approved in August but my wife’s H4 extension and H4 EAD is still under processing(submitted on June 5th). And looks like the processing time in California center is > 12 months. Can you please let me know if we can travel to India and use drop box to get my H1B and her H4 stamped? If yes, will her H4 EAD application still be valid or do we need to re-apply again?

Thank you so much

Pratheek, You can apply for Dropbox, if eligible in India. The challenge is getting a slot. You can start to plan for the same and arrive in India, when you get a slot. One catch is, if the Dropbox does not go through and they give a slip to attend interview, then you are stuck until the regular operations of consulate open, which is unknown at this point.

Hello there, I am a Canadian citizen, spouse applied for H1B extension along with the H4 and H4 ead extension( premium process). Based on current timelines H4 ead process is taking a lot longer ( fingerprinting) so my questions are – After h1 b approval, if I cross the border and get an H4 stamp in the passport( consulate visit is not required, get a stamp at any CBP border) and update uscis with the new I-94 information and ask them to waive off the fingerprinting part, would they allow that? 2nd question- Is Canadian citizens exempt from fingerprinting? Thank you in advance.

Ram, No, it would not work like that. CBP cannot allow you to enter on expired visa or give you that option. The fingerprinting done by CBP is different from the one done at USCIS. Yes, everyone needs to give it. It is tied to the form type, not citizenship of the person.

Kumar thanks for the replay. My H$ and EAD will expire in june.2021. If i get a new I-94 ( after crossing the border) then I can apply for a new EAD application (a person can file multiple EAD applications, the only thing is I have to pay the fee again- this information I read on the Redbus2us ). MY Questions- SO IF I APPLY ONLY H4EAD APPLICATION then I don’t need fingerprints, Correct? the only discrepancy i see is the I-94 number when I go to DMV for renewal. Correct me if i am wrong.

Ram, you need valid visa to re-enter US on H4. They do not just update I-94 without valid visa. So, you should try that option before your visa expires. Yes, you can file for EAD, but need to indicate in a letter stating the pending application and also include a copy. Yes, if you only apply for EAD, then you do not need the finger prints. yes, the DMV can be a potential issue.

Dear Kumar,

I have a question for my wife and son’s status as they traveled to India on Nov. 2018 after my change of employer petition was filed along with their H4 COS extension. They came back on Dec 2018 with my previous company H4 VISA data valid until Dec 31st 2020. But on Feb 2019 their H4 got approved and extended with new company with old I94 until Jan 2022. Now my question is do I need to file H4 extension now based on port of entry date with new I94 which was issued in Dec 2018 or do I need to consider the new approval with old I94 change of status approved on Feb 2019. My Legal team advised me that last action date is always valid, hence i may not have to do anything until Jan 2022. Please advise if any suggestions.

Likesh, Usually, the last action date is the one that is considered for any reference. Based on what I read, your last action is H4 valid until Jan 2022. If that is the case and it has valid I-94 along with it until Jan 2022, you should be fine. It is the valid I-94 that will decide.

sure, that is what exactly our legal team also advised. Thanks a lot for confirming.

Likesh, Cheers !

Did anyone receive RFE when travelled out of US with H4 extension and H4 ead pending ?

H4 and H4 EAD are filed along with H1 extension. H1 already approved and H4 biometrics done. Is it ok to travel with my H4 extension pending ?

Vamsi, Well, the risks are explained in above article, read again.

Thank you for publishing this article. It has all the information I need. I just had one question (which is already answered here, but due to current circumstances I wanted to confirm). I am on H1-B status and my wife is on H4 (both expires in July 2022 and we both already have valid stamps.) We are currently in the US. I have applied for my wife’s H4 EAD (I-765) on November 2020 2nd week but haven’t received any receipt number yet. While it is in progress, can my wife travel abroad (to India)? Also is fingerprinting required for I-765?

Thank you for your time. Regards, Anon.

Anon, No need of fingerprint for h4 EAD only. Yes, she can as it is only EAD. You need to keep an eye for any RFE and respond on time.

Thank you Kumar.

I’m in very tricky situation please advise, I’m on H4 currently studying in US university, I’ve a COS pending since March. At this point I’m considering traveling to India to get F1 stamped. Do I need a new I-20? New initial I-20 with new I-901 fees OR does my old I-20 could work with travel signature? Lastly, what would happen to my pending COS application if I get new I-20 with new I-901? I understand that my COS will be abandoned as soon I leave the country but this new I901 is confusing me.

Also, to complicate situation I already filled my Ds160 with appointment at US consulate with the old SEVIS record (I-20 from last semester). Would I be able to edit that?

Ruchi, Yes, you will very likely need it as it has been long..check with DSO On this. It is safe to get new I-20 as it will be current with the SEVIS system. Use that to pay the I-901 fee. That will not be a problem, you create a new DS-160 and use that with the new I-20. You can have any number of DS-160s, just carry the latest one and have that updated in the Visa Appointment Booking system at USTravel Docs. Also, I suggest you secure a slot, before you travel. It is very hard to get visa appointment slots.

My H1b visa is approved till 2022 but my wife h4 visa is pending for approval (biometrics & approval) due to personal emergency we came to india this September. Now I am applying for stamping (dropbox) since my visa was approved

Can h4 go for stamping ( dropbox) with h1b approval?

What will happen to the pending biometrics process?

H4 allowed to travel back to US after stamping , what additional documents to carry?

Please clarify, thanks in advance.

Hi Kumar, I’m on same boat,My H1B visa is approved but my wife’s H4 (I-539) is still showing ‘Case Was Updated To Show Fingerprints Were Taken’. Stamped Visa on the passport has already expired.

She needs to travel to India due to medical emergency and return back to US after stamping so can she get her H4 stamping done without I-539 approval ?.

1. Will she get stamped based on my i-797 approval copy ? If yes, what happens to their I-539 ?

2. Do I need to withdraw I-539 before exit from US ?

3. What all documents we need to carry for H4 stamping.

Sal, She does not need the approval of H4 for stamping. She could carry the H1B approval notice and go for stamping. You can withdraw it anytime… We have many experiences on the visa experiences section, read them, you will find the list.

Can you please share your email. I am on same boat.

Hi I have my h4 ead should I go to stamping if I go outside USA Your inputs are appreciated Thank you

Anonymous, If you have H4 Visa valid to re-enter US, you do not need to go for stamping. H4 EAD has nothing to do with H4 visa.

Can you provide some clarity on this? I have received multiple conflicting statements on what happens to h4 extension applications when we travel outside the country. (Your article says that it’ll continue to be processed)

I have given my biometrics and am waiting for h4 and h4 EAD approval. I am planning to leave the country for 5-6 months and come back later. Will my extension petition continue to be processed (and approved) along with my EAD so that by the time I’m back, I get my EAD here or will it get abandoned.

I understand that in either case, I’ll have to get the h4 stamped at the embassy but I’m more concerned about the EAD Because if that’s abandoned, I’ll have to reapply for it once I come back. If not, I’ll have it mailed to me when I’m out.

Let me know your thoughts.

Hey I am in a similar situation, please can you tell me what happened in your case?

I had applied for a COS from F1 to H4 in April 2020. It has been received but biometrics is still pending. Unfortunately I have to go back to India due to some unavoidable reasons. I understand that this will deem my COS abandoned and denied. 1. Will it impact my case if I apply for a H4 visa later again at a consulate in India? 2. Since my F1 status ended in the meantime and I have been overstaying based on my I539 receipt notice, will it be a problem while traveling out of US? Thanks for your post!

Hi My husband is on h1b visa and he got the extension of visa, today I had my biometric for the extension of visa as I am on h4 visa. So I want to know how much time does it take for the visa to come?

I am on H1B in US ,My wife went to India for a family emergency who is on H4 . Her extension is still pending . My H1B just approved . I know she can go for stamping with my Approval notice . My son who is on H4 stays in US with me . His application is pending with USCIS decision. What will happen to his application once my wife got her stamping ?

Hi, I am on the similar boat, I am on H1b in US and my H1b extention was approved.My wife and kids h4 extentions were still in pending with USCIS. Biometrics got completed. My wife currently joined in an university and want to goto india to get F1 visa stamped. If she goes and get the F1 visa stamped,what will be the status of my kids application who stays with me in US. Can you please let me know your experience. What happened to the kids extention application. Will their applications also get abandoned,.Will they go oit of status?Thank you.

Hi I am in similar situation .Did you get any answer

Hi, Hope I can get some answers and clarity on my situation. I am on H1 and I recently got my H1 transferred to a new employer. I have got approval notice with me. My dependents H4 visa is still pending. They have got the biometric scheduled for October second week. #1 how long it can take for uscis to tell the decision on my dependents visa transfer after biometric is done? #2 is there a way myself or attorney can expedite the process after biometric is given? #3 I have some travel plans after biometric is done. Before I get any decision from uscis, if me and my dependents travel out of country, will there be any problem while entering usa again? #4 based on my H1 approval notice, can my dependents also get stamped when entering USA? Provided their visa transfer is still pending?

Note : all of us have visa currently stamped till mid of 2021, from my former employer.

H1 and H4 transfer was applied in feb 2020. Biometric initially was scheduled for March 2020 and got rescheduled to October 2020.

Hi Kumar, Thank You for wonderful article. I am on H1B and my wife is on H4 EAD. Both expires in Feb 2020. Since the H4 Ext is taking too long, there is no chance that her H4 ext and EAD will be approved by Feb. I am planning to do my H1B premium 5 months in advance. I am thinking that rather than filing H4 Ext, can she just travel out of country and get H4 stamp based on my approved I765? Once come back she files standalone EAD. This way no H4Ext is required and no Biomatrics. Is this even possible?

Manoj, Yes, it is possible. She would take the I-797 H1B approval and get stamping and enter US on H4. This way you eliminate the biometrics wait times and only rely on H4 EAD processing times. You can check USCIS current and history H4 EAD processing times history at : https://h1bgrader.com/uscis-processing-times/h4-l2-ead/

Thank You Kumar. Is there any issue if H4 personal goes to consulate for ext while the current Visa is valid and I 765 is approved for future start date? Also I am not sure why no one is talking about this approach and rather wait for Biomatrics for over 6 months. Is there any catch?

Manoj, No issues. There is no catch. No one wants to go out of the country, as it is risky with COVID and no appointment dates.

I am also thinking of doing the same. Please let me how it goes. can we travel out of country(mexico or canada) for h4 visa stamping with existing valid h4?

This is Harish, Really appreciate your time in writing this article. Can you help me out with my question, I am on H1 currently and my wife is on H4 and applied for COS from H4 to F1. We have a plan to go for Canada for Soft-landing and return back the same day. But from what I understood my wife’s COS would be abandoned if we travel. So my questions are

1. How long would it take for the application to be abandoned 2. When can we file the COS again, Can we do that right after the return with current COS still showing in progress 3. What if we go to India for F1 stamping with the COS in progress. This is because her H4 would be expiring this December 2020 4. Would a rejected application have impact to the new COS

Harish, 1. Well, we do not know…If you leave US, it will be considered abandoned. 2. you can do it right away, but, it is tricky as you may not full documentation that it was abandoned…It is slightly grey area. 3. It is the same thing. 4. It may…all of them link to you maintaining proper status. Some of these are grey areas… It is best not to travel out, if you want to get COS. if you travel out, you should get visa stamping to re-enter. This way you avoid issues.

My wife is in india and she have approved H4 1794 copy untill December 2020. She could not get stamping due to current pandemic situation ..Now I have to file my H1B extension. Do I need to file H4 extension for her with my H1B extension? Or can I wait to get my h1b extension approved and schedule Visa appointment for h4 with my new H1b 1797 copy?

Jayesh, No need to file H4. She can schedule appointment using your H1B approval.

Hi, I am on H1 and lost my job. My wife is also on H1. I am planning to go out of the US by myself for some work. I am planning to apply for an H4 but can’t wait until it is approved before traveling. Sounds like my h4 COS will be deemed abandoned and cancelled. Will this affect my chances of applying for a B1/B2 for coming back into the US ? Also, how much time will it take to get a B1/B2 if I apply from Canada ?

Harry, Your intent really matters….it can create complications, if your spouse is in US and apply for B2…Ideal thing to do is get H4 stamping and enter US.

Hi My husband recently laid off on H1b (his 60 day grace period is ending on August 25th). We are planning to file H4 COS for him (with my H1b). Considering this scenario, I have few queries: 1. Can he go to Mexico/Canada for H4 visa stamping (once they open after December) after his 60-days grace period is done or he has to wait in US for his COS approval. 2. Can he bridge/apply for another H1b visa transfer even his H4 COS is pending, considering he gets a job in another one or two months.

Anonymous, 1. Well, you need to check with Mexico and Canada, some of them do not allow such COS kind of applications. 2. This may be difficult as your spouse does not have legal status. It can be done once the H4 is approved.

Thanks for the reply earlier. I have few more queries considering h1 to h4 COS is taking very long. We have scheduled an H4 visa interview to consular in India but considering embassy’s are open for limited number of employment based visa appointments, I have few queries: 1. Since appointments are for limited numbers, does he qualify for H1->h4 cos. or are they only for emergency situations . I am not finding clarity on this. We need to make decision for his travel since once he is out of US , his application in US will be barred. We had applied his application in August 2020. 2. What are the risk factors involved and chances of approval if he travels to India for this consular appointment. 3. Which scenario is better out of two: Wait in USA only for his COS approval/wait for embassy to have normal operations Or attend this interview in India.

Thanks, Shama

Shama, It is hard to say which is better. If you get the appointment, getting stamping is faster as there is no delays with H4 COS. But, if you cannot travel, the COS is the only option…It is hard to take the stance, depends on your discretion

Thanks for the prompt reply but do you have clarity on 1st question: “1. Since appointments are for limited numbers, does he qualify for H1->h4 cos. or are they only for emergency situations . I am not finding clarity on this. We need to make decision for his travel since once he is out of US , his application in US will be barred. We had applied his application in August 2020.” Does he qualify for H4 COS appointment in India as embassy mentioned limited number of processing though he has got the appointment?

Shama, It would depend on your H1B status on where you were on the day of proclamation and your status. If you are exempt, he would be exempt for h4 too. Read https://redbus2us.com/h1b-entry-ban-new-exceptions-aug-2020/

Hi – My H1 is approved and need stamping . Wife’s EAD/H4 is submitted on July 8th , still haven’t received biometric appointment. We are planning to go to India around September. My company has offshore office and I can work there till the embassy re opens in India.

My question is , is it okay to travel with respect to my wife scenario ? Does biometric has to be completed before we travel ? Also if I can work in my offshore company can I still go for stamping once embassy reopens

Kiran, If you leave US, it is fine. There is no need. If you all anyways plan to go for stamping, you can inform USCIS indicating that you are leaving the country and send the notice. This way you are compliant.

Hi – My husband’s H1 approved in May and I’m still waiting for my biometric appointment. We had to travel in emergency to India at end of June. Now since the consulate is closed we cannot get stamping done and have to wait atlease till December for that.

1. Is there option to comeback only with H1 stamping (Supposed if the H4 application processing takes longer) ? 2. Will the H4 application be processed when we are in India, Since the biometric is not done and I cannot go for biometric appointment , will they process the H4 application ? 3. Since the consulate is not open and it might take more than 6 months to do so , is there any legal complication of staying more than 6 months in India ?

Divya, As you are outside of US, the H4 extension and biometrics does not matter anymore. You can get H4 stamping based on your spouse H1B. Wait for consulates to open and then book a slot. No complications staying out of the country.

Thanks Kumar for the reply. So when I go for H4 stamping in India , won’t they need H4 approved petition as well or they stamp based on H1 petition only ? What happens to H4 application , will it be canceled and biometrics also will be canceled ?

Divya, Yes, you do not need. If it was extension, they may process it. If COS, they will deny it. Yes, all of them.

Wife has approved I-129 petition for H1 while my H4 /EAD extension is pending biomatrix appointment. If we travel to India for an emergency, she wont be able to get new H1 stamped due to EO till Dec and might loose job and so will I (my EAD is already expired and company is waiting to rehire me ASA I present EAD). Should we avoid travel till Dec to maintain jobs?

Ali, In general, you should avoid travel in current situation with the EO to avoid issues. Now, your situation is fully dependent on your spouse. As long as she has H1B valid and working, you are good to use H4 status to work on EAD, so it is wise to stay back.

Hi, My husband H1-B was about to expire in march 2020 but then got approved in march, till March 2023. My H4 extension is still pending ( biometrics appointment) because USCIS got closed in March due to covid-19. My MS classes would begin from August. Currently, my concern is can I change my status to F1 Visa when my H4 extension is yet pending? Or should I wait till another semester?

Shaina, It can be very tricky, if your I-94 has expired and does not work in most cases as you do not have proper status. If your H4 has expired and no I-94, you cannot apply for COS. Discuss with DSO on your options to study. Waiting depends on, if you want to study on H4 or F1. Read Study on H4 Advantages and Disadvantages

Thank you so much for replying to my queries. Also, I would like to know which option is better 1) To apply to USCIS for COS to F1 from H4 and wait for it . OR 2) After one semester of studying in US , going back to India and coming back on F1 visa status.

Which one would you advise considering pros and cons.

Shaina, Honestly, it depends on your priorities and flexibility. If you are attending a state school, you may get in-state and save fees, so in that case H4 is best. If you want to work on campus and get TA or others, then F1 maybe better…F1 stamping can be tricky as your spouse is in US and you may have to prove you will return back. Look at it logically, how will you return to India, when your spouse is in US…so, it is your discretion…Take a call by discussing with your spouse.

My wife is outside US currently and she has H4 visa till Oct 2020. My H1B status which was till Oct 2020 is now extended till 2023. Can my wife travel back to US on existing visa, show a copy of my new I797 which is valid till 2023 and get I94 till 2023 or will she only get it till Oct 2020 which means she has to apply for extension?

Sam, Yes, very likely she may be able to get it until 2023. Make sure to show the latest approval notice and they use that for I-94. Sometimes, there can be some officers, who may not.. Worst case, you can apply for her extension after she arrives in US.

Thanks for your quick response, Kumar!

Okay I got your point. Thank you so much Kumar. I really appreciate it.

I had applied for my spouse’s standalone H4 EAD only. But she had to travel on an emergency to India while her application was pending. We got a RFE for her application. Following documents are requested: 1. Passport/Visa/Entry-Exit Stamps for both of us 2. I-94 Document for both if us

I wanted to inquire if I can respond to her RFE while she is out of the country or does she need to be in the country before we can respond.

Aakash, Well, usually, if it was only for H4 EAD, it maybe fine to respond to the RFE. But, if your spouse is going to be coming back soon, do send it after she arrives in US. Also, you may put in a requisition letter stating the reason for leaving to India and plans to return back.

Thanks Kumar!

One of the requirements for H4 EAD is that you need to be in valid H-4 status. I-94 can prove that she has H-4 status until March’2021. I wanted to know if the status on H-4 remains valid until that date even if you leave the country?

Aakash, True, that is for applying. No, you will not have status, once you leave US. Ideally, you respond when your spouse is in US, if no option, it does not hurt to respond to the RFE. If you read the FAQ, they only tell that it will delay the process and your ability to respond to RFE. Read the FAQ screenshot in above article or on USCIS site.

Kumar – I got my H1 extension approved.While my spouse h4 extension and EAD is still pending (have not got biometric appointment yet),can we travel outside beyond our visa expiry date (Visa expires July 3rd week) ?

What happens if we travel outside and stay beyong July 3rd week.I know I can get my H1 stamped.What about my spouse H4 extension and EAD?

Raj, Based on what users said, it may continue to be processed, the only catch is, if you get this after you enter US, there will be I-94 mismatch.

Hello Kumar,

My H1 has been approved and spouse H4 is pending and there might be a need to travel.

Lot of attorneys online are confidently saying that H4 extension would be considered abandoned if H4 holder travels out of the country, however we do see that H4 extension getting approved even if the H4 holder leaves the country. Are you aware of any uscis official reference or precedent on this? Or are the attorneys merely saying based on the note in uscis website where it says i539 gets abandoned when the applicant leaves the country although uscis clearly means it for change of status.

Deep, There is no official USCIS statement on this. Whatever is available is already on this page, where we have put it. Based on users’ experience shared on the blog, it is observed that H4 Extensions continues to be processed, even after they leave the country. But, if it was a COS, then it will be abandoned, that’s clear as you can see the screenshot from USCIS website in above article.

It is True .. In case of my spouse, we have travelled outside and came back.. H4 Got approved .. Now we have only issue of mismatched I-94.

Gaurav, Thanks for confirming.

Hi.. did you do any correction for the mismatched i94.thanks

I have called CBP office and they said to Cross Border for fixing that issue. I have visa till Sep-2020 , Planning to go Mexico Border to fix that issue in Aug.

amazing forum, Hope i get my answers. My h4 expires in aug 2020, will be filed for extension in a week. 1. Can i start my masters starting last week aug,while h4 extention is pending 2. can i travel to india, i understand i can there will i-94 mismatch(how to get the mismatch corrected, any suggestions?) 3.last, I want to convert my h4 to f1 and i will book an appointment in india in dec for the same. Will they raise questions regarding my h4 extenson pending , and is their a chance they cancel both my h4 anf f1.

Richa, 1. You may do that. But, I suggest you check with your DSO once before you embark on the journey of Masters, if any issues 2. Well, the easiest way to exit and re-enter the country by going to any nearest border. 3. Well, this is going to be tricky…You are moving from dual intent visa to non-immigrant visa, so can be tricky. Check Dual Intent vs Non-immigrant . It is hard to say…but usually, they may only cancel one and leave the other…

Filed H1B and H4 extension on 5th Dec 2019, got RFE and H1B approved on 16th March (H4 still pending). Now planning to apply H4 EAD by end of month. Can my wife travel next month after applying EAD with H4 extension and H4 EAD pending.

Satish, Yes, she can. But as the article explains, there maybe mismatches in I-94, when she enters…

My wife H4 visa expires in June and we already filed for her H4 extension , EAD last month. Can she travel out to U.S.A in June and then return back in July/August with new H4 visa stamp (basing on my approved) H1B without impacting her EAD processing? / Her EAD might be denied since she is not in U.S.A while its being processed?

Also, if her EAD denies , is there a way to challenge that by providing her new visa stamp after she returns back to get the EAD approved? / does she have to re-apply for EAD and it goes through the same long wait process?

Mani, There is nothing to challenge…If they deny, then you need to re-apply. As per historical cases, it should not be denied and it should be processed as it is extension.

Mani, It is very likely that it will be continued to be processed as your H4 EAD was filed as extension and it is also based on users inputs. So, you should be fine. Read the above article again, it has official references as well.

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Travel while an h-1b petition is pending.

Whether or not you may travel internationally while your H-1B petition is pending depends on a variety of factors:

• You must not travel outside of the U.S. while the petition is pending. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned. Your underlying H-1B petition may still be approved, but you would have to depart the U.S. and apply for an H-1B visa abroad to re-enter the U.S. in H-1B status before you could start your H-1B employment.
• Once USCIS approves your change of status petition, you may travel internationally. Your H-1B status will take effect on the date that was requested.
• While travel, as outlined above, is permissible, you may encounter difficulties when re-entering the U.S. or when applying for a visa for your current status. Therefore, we recommend that you do not travel internationally from the moment your department starts the H-1B process with our office until your H-1B status takes effect.
• Please note that you must be in the U.S. when the H-1B petition is filed with USCIS.
• You must alert the International Center of any travel plans while your H-1B extension is pending with USCIS.
• If you re-entered the US on the basis of your old Approval Notice, you would only be admitted until the expiration date of the old H-1B Approval Notice and you would likely have to travel again to have this corrected.
• If you must travel while your extension is pending and your H-1B status has expired, you will need to remain outside of the U.S. until your H-1B petition is approved. Your case may be converted to premium processing to accelerate the adjudication process.
• If you are changing employers, you may travel while the U-M H-1B petition is pending. However, travel during this period is not recommended as you will need a valid H-1B Approval Notice and visa to re-enter the US. If you have a valid H-1B approval from your previous employer you may use that in conjunction with your U-M H-1B petition and Receipt Notice. Should your previous employer have withdrawn its H-1B petition - which is likely - you cannot use your previous H-1B approval. Therefore, it is strongly recommended that you do not travel internationally during this period as you may not be able to return until your U-M H-1B petition has been approved .

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USCIS Revises Policy on Travel While AP is Pending

The policy regarding overseas travel, while an I-131 application for advance parole (AP) is pending, has been updated by the U.S. Citizenship and Immigration Services (USCIS). Effective immediately, the USCIS will not deny a pending I-131 renewal based on overseas travel by the applicant, as long as that individual has an unexpired AP document that remains valid through her/his return date to the United States. However, if a person with a pending I-131 application leaves the U.S. without a valid AP document, or if the AP document expires during the trip abroad, the pending I-131 will be denied.

Historically, Policy for Travel with Pending I-485 also Applied to Travel with Pending I-131

Generally, if an applicant for adjustment of status (form I-485) departs the U.S. while the application is still pending, the I-485 is considered abandoned and is denied. However, if the I-485 applicant is in valid L-1, L-2, H1B, H-4, K-3, K-4, or V nonimmigrant status, and remains eligible for that status upon returning to the U.S., the I-485 application is not considered to be abandoned. Similarly, if an I-485 applicant is issued an AP document prior to departing the U.S., which remains valid through the date the applicant returns from the overseas trip, the I-485 generally will not be impacted.

If an I-131 applicant travels based on a qualifying status (e.g., H1B, L-1) or an unexpired AP document, such travel typically will not impact the pending I-131. This abruptly changed in 2017, when the USCIS implemented a blanket policy of denying pending I-131 applications based on overseas travel. This generally did not impact any corresponding pending I-485, but did inconvenience many stakeholders unnecessarily.

Travel While I-485 and I-131 Pending

Ordinarily, if an applicant for adjustment of status (form I-485) departs the United States while the application is still pending, the I-485 is considered abandoned and therefore is denied. However, overseas travel typically will not cause the USCIS to deny a pending I-485 application if the applicant obtains a valid, unexpired AP document prior departing the U.S. Similarly, if the AOS applicant is in lawful L-1, L-2, H1B, H-4, K-3, K-4, or V status, and remains eligible for that status upon returning to the U.S., the USCIS does not consider the I-485 application to be abandoned, regardless of whether the individual has an AP document.

Historically, the USCIS essentially employed this same policy to one who traveled with a pending I-131 application. If a person with a pending I-131 application had an existing AP document that still was valid, or was in a qualifying status (particularly a dual intent status like L-1 or H1B), that individual generally could travel abroad without impacting the pending I-131. If the AP document was issued while the person was abroad, it still could not be used to reenter the U.S. at that time (i.e., the AP must be issued prior to departing the U.S. to be valid as a travel document for a particular trip). However, the individual still could return using the existing, unexpired AP document or the appropriate visa (e.g., L-1, H1B), and then use the newly issued AP to reenter the U.S. during future travel.

Change in Policy

Without any warning, in 2017, the USCIS changed its policy regarding travel with a pending I-131 application. Suddenly, the USCIS took the position that, if an I-131 application is pending, the application for AP will be denied, regardless of whether the applicant can return in a qualifying status. So, while the travel would not necessarily impact the pending I-485, this policy change made obtaining an AP document more challenging. Further detail on this policy shift is available in the MurthyDotCom NewsBrief, USCIS Denying Advance Parole Applications Based on Overseas Travel (10.Aug.2017).

Updated Policy

A USCIS webpage on emergency travel has been updated to lay out the new policy. “If you file form I-131 … to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending form I-131 will not be considered abandoned in this situation.”

Again, the policy regarding pending I-485s remains unchanged. A pending I-485 generally will not be impacted by overseas travel, as long as the individual either is in lawful L-1, L-2, H1B, H-4, K-3, K-4, or V status, and remains eligible for that status upon returning to the U.S., or has an AP document that remains valid through his/her date of return to the U.S. A pending I-131, on the other hand, will be denied if one travels abroad without a valid AP, as described above.

It is unfortunate that the USCIS is continuing to deny I-131 applications for those who travel abroad in qualifying statuses. Still, at least the updated policy does allow stakeholders with valid AP to travel without jeopardizing the pending I-131 applications.

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Traveling with a pending Form I-751

In this article, we will cover important information about Form I-751, Petition to Remove Conditions on Residence , including what it is and when it needs to be filed. We will also address whether it’s possible to travel while an I-751 application is pending, what risks a permanent resident might face, and what documents they need to carry. By the end of this article, we hope to provide a better understanding of how to protect an immigration status while traveling with a pending I-751 application.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. The immigration process and requirements can be complex and may vary depending on individual circumstances. It is highly recommended to consult with an immigration attorney or qualified professional for personalized guidance regarding a specific situation. The decision to travel while an application is pending is ultimately the responsibility of the traveler.

What is an I-751?

Having conditional permanent resident status means that the green card that was granted is valid for only two years. Eventually, the conditional resident or two-year green card holder will need to file  Form I-751 to remove the conditions on their green card and obtain a standard 10-year green card. This form is also known as the Petition to Remove Conditions on Residence. 

Typically, individuals who receive a two-year conditional green card have been married to their US citizen or permanent resident spouse for two years or less when they applied for their green card and will need to file an I-751 to remove conditions.

When does Form I-751 Need to be Filed 

USCIS requires that Form I-751 be filed within the 90-day period leading up to the expiration of the conditional resident’s two-year green card. The processing time for an I-751 varies, but it can take months or even years in some cases. It is important to note that the processing times may change due to various factors, such as USCIS workload, the complexity of the case, and other external factors. While these timelines may seem long, USCIS does grant extensions for expired green card holders who file the I-751 on time. We will go over this in more depth later in this article. 

For more information on Form I-751, please see the following articles:

• Form I-751 & How to Prove Your Marriage is Legitimate
• What happens after submitting your I-751 – Petition to Remove Conditions?
• How to Apply to Remove the Green Card Conditions
• Calculating When to File for the Removal of Conditions

Can You Travel While Your I-751 is Pending?

When it comes to traveling with a pending I-751 application, it’s important to understand the unique circumstances surrounding the validity of a two-year green card. Typically, individuals file their I-751 petition within the 90 days before their conditional green card is set to expire. This means that during the I-751 processing period, individuals have an expired green card that cannot be used for work or travel.

To address this situation, USCIS sends an extension notice to the applicant upon receiving the I-751 application. This notice, when combined with the expired green card , serves as proof of extension and extends the validity of the green card for a period of 12-48 months, depending on the length of extension granted. This extended validity works as proof of holding Permanent Resident status and can be used for things such as traveling outside the US and continuing to work.

It’s important to note that both the extension notice and the expired green card must be presented when entering the US or seeking employment. Together, these documents serve as valid proof of Lawful Permanent Resident (LPR) status. Presenting one without the other will not be considered sufficient proof.

Additionally, applicants have the option to visit a USCIS field office and obtain an I-551 stamp in their passport as additional proof of the green card extension once they have the I-751 extension notice. While obtaining the I-551 stamp is optional, it can provide further assurance when traveling or seeking employment.

Before Departing

Before departing, permanent residents should ensure that their application is still pending and does not have any important updates pending, such as appointment scheduling, requests for evidence, approvals, and/or denials. They should also make sure that their current green card and other documents, such as their passport or any necessary visas, are up-to-date and valid. Additionally, when traveling with a green card extension, it is important to return to the US before the extension expires.

It is also important to note that traveling with a pending I-751 application can come with risks. 

The permanent resident with a pending I-751 will potentially be scheduled for both biometrics and interview appointments and will need to attend those appointments if scheduled. Also, remember to follow USCIS guidelines (discussed below, in part) to not abandon status by spending too much time outside the US or taking up residence in another country. 

Length of the Trip

A legal permanent resident is expected to live in the US. A permanent resident can travel outside the US, but there are a few things to keep in mind when doing so. The trip must be temporary, and typically, the traveler cannot remain outside the United States for more than 1 year.

Absences of more than 180 Consecutive Days

Trips of 180 days or more can invite additional questions about the nature of a trip outside the US. When returning from a trip abroad, the Customs and Border Patrol (CBP) officer may ask a traveler with a pending green card application or extended green card additional questions about their trip like:

• Where have they been outside the U.S.?
• How long were they there?
• What were they doing there?
• Why are they coming to the U.S. now?
• What ties to the U.S. did they keep while they were away?

Generally, the CBP officer asking these questions is trying to determine the reasons for the immigrant’s overseas trip and their intent to maintain the U.S. as their principal place of residence. At the port of entry after their travel abroad, they may be asked to provide evidence that the intending immigrant has continuing ties to the United States and that they intend to continue living here. For example, documentation of ongoing employment in the United States may be requested.

Absences of more than 365 Consecutive Days

A green card can become invalid for reentry if the permanent resident has been outside the United States for one year or more. Additionally, a US permanent residence may be considered abandoned for absences shorter than 1 year if the permanent resident takes up residence in another country.

Permanent residents of the US who plan on being outside the country for more than one year can apply for a reentry permit, which ensures that the resident did not intend to abandon their status. A reentry permit is obtained by filing Form I-131, Application for Travel Document, which should be filed and approved prior to leaving the US

Eligibility for US Citizenship

It’s crucial for permanent residents to be mindful of their travel duration to ensure they maintain eligibility for US citizenship. Prolonged absences may disrupt a green card holder’s continuous residence requirement and could impact their eligibility for naturalization.

Documents to Carry While Traveling with a Pending I-751

Permanent residents should carry both their expired green card and the I-797 receipt notice, which has the extension on it. In addition to these documents, permanent residents should carry other identification documents, such as their passports and driver’s licenses. It’s also a good idea to have a copy of a travel itinerary.

As a reminder, border entry requirements can change depending on current national or global circumstances, so travelers should be sure to check the CBP website before traveling outside the US so that they can be aware of any travel restrictions or special rules that may be in effect temporarily. 

It is also important to note that Green Cards serve as proof of permanent residency in the United States and do not impact an individual’s status as a passport holder for their home country. When planning travel to other countries, such as Canada for example, it is important to review the specific travel requirements based on the passport held rather than relying on the US Green Card. Each country has its own entry requirements, visa regulations, and passport validity rules that should be consulted to ensure a smooth and hassle-free travel experience. Travelers should remember to check with the relevant authorities and consulate of the country they plan to visit to stay informed about the specific travel requirements based on their passports.

It’s important to carry the required documents to avoid any complications at the border. If a permanent resident doesn’t have the necessary documents, they may be denied entry or face additional questioning. However, if they have the required documents, they can help prove their identity and immigration status, making it easier to enter the US. 

Entry into the United States is at the discretion of the Border Patrol officer. Avoiding doing things like breaking laws, lying, or failing to follow customs or entry requirements can reduce the risk of problems at the border.

Loss of Critical Documents While Abroad

If a permanent resident loses any of their documents while abroad, they should take immediate action to replace them. Contact the nearest US consulate or embassy to report the loss and apply for replacement documents. It is also a good idea to always keep high-resolution digital copies of the documents as well.

The US embassy or consulate may be able to issue a boarding foil , also known as a transportation letter or boarding letter, which is a temporary travel document issued by a US embassy or consulate to individuals who are permanent residents of the United States but have lost or do not have a valid green card. It allows them to travel back to the US and serves as proof of their immigration status. The boarding foil is typically issued in urgent or emergency situations when the individual cannot obtain a replacement green card before their planned travel. It is important to note that a boarding foil is only valid for a single entry and should be used in conjunction with other identification documents, such as a passport, to facilitate re-entry into the United States.

When a permanent resident has a pending I-751 application and plans to travel, it’s crucial to stay informed about the rules and regulations. Entry requirements can change depending on current national or global circumstances, so be sure to check the CBP website . To ensure a successful trip, make sure to carry the expired green card, the I-797 receipt notice, and other identification documents. These documents are essential for re-entering the United States.

In case any of these documents are lost, don’t panic! Contact the nearest US embassy or consulate immediately. Seeking professional advice can also help clarify any questions or concerns about the process. Having high-quality scans of all documents stored in a safe digital location can be helpful in situations such as this. 

Remember, protecting immigration status is crucial when traveling with a pending I-751 application. Taking the necessary steps can help ensure a smooth trip and prevent any issues with immigration status. We hope this article has been helpful in providing the information needed to travel with confidence. Stay informed and take the necessary steps to protect your immigration status.

We encourage you to stay informed and take the necessary steps to safeguard your immigration status while traveling. Remember, this article provides general information and is not a substitute for personalized legal advice. If you have specific questions or concerns, consult with an immigration attorney or qualified professional who can provide guidance tailored to your situation.

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When traveling outside the U.S. while on OPT or AT please be sure that you have all the required documents listed below for reentry to the U.S. If you left the U.S. and realized that you do not have all the required documents, please click here for instructions.

F-1 Students on Optional Practical Training (OPT) after Graduation

For comprehensive OPT travel information, including a brief recorded travel video, please see here .

Travel before your I-20 program end date

You can travel the way that you always have with:

• a valid Form I-20, signed on page 2 by an HIO advisor (the signature must not be more than 12 months old at the time of reentry to the U.S.)
• an unexpired passport
• an unexpired F-1 visa in the passport (except for Canadian citizens). If your F-1 visa is expired at the time of your reentry to the U.S. you must apply for a new F-1 visa to reenter the U.S.

The above also applies to your F-2 dependents.

Travel after your I-20 program end date while OPT application is pending

International travel while an OPT application is pending can be risky and is not generally recommended. If you have an OPT application pending and believe you must travel, please contact your HIO advisor .

Entry to the U.S. in any status other than F-1 OPT will invalidate your OPT work authorization.

This also applies to your F-2 dependents.

Travel after I-20 program end date and OPT approval

You must have ALL documents listed below in order to travel and reenter the U.S. while on an approved period of OPT.  In many cases you may also need to apply for a new F-1 visa before you may return to the U.S.

• a valid Form I-20, signed on page 2 by an HIO advisor (the signature must not be more than six months old at the time of reentry to the U.S.)
• an OPT EAD issued by USCIS . Printed on the EAD is the statement "Not valid for reentry." This statement means that the EAD alone is not valid for reentry.             
• evidence of a job offer or evidence of resumption of employment

Students who have the documents listed above may travel outside the United States and reenter even before the date their work permission begins. For example, an F-1 student who graduates in May with an OPT EAD that begins in July may travel and return to the United States any time after graduation.

Travel on Cap Gap Extension

Generally speaking, you may travel abroad and seek readmission to the U.S. in F-1 status during a Cap-Gap period if:

•  your H-1B petition and request for change of status has been approved;
•  you seek readmission before your H-1B employment begins (normally at the beginning of the fiscal year, i.e., October 1); and
•  you are otherwise admissible.

Please note, traveling outside the U.S. may interfere with the processing of your H-1B petition. HIO strongly advises that you consult with your employer and their legal counsel processing the H-1B regarding all travel plans before departing the U.S.  Click here  to access the latest travel information from the USCIS.

F-2 Dependents of Students on OPT

• Valid Form I-20, signed on page 2 by an advisor in the HIO (the signature must not be more than six months old at the time of reentry to the United States)
• Valid F-2 visa in the passport (except for Canadian citizens)
• Valid passport
• Photocopy of spouse's EAD

F-1 Students on STEM OPT Extension

Travel while stem opt application is pending, but before the post-completion opt ead expires.

You must have ALL documents listed below in order to travel and reenter the U.S.:

• unexpired Post-Completion OPT EAD card
•  an unexpired F-1 visa in the passport (except for Canadian citizens). If your F-1 visa is expired at the time of your reentry to the U.S. you must apply for a new F-1 visa to reenter the U.S.

Travel while STEM OPT application is pending, after the Post-Completion OPT EAD expires

You can travel abroad and reenter the U.S. with your expired Post-Completion OPT EAD card and the original receipt notice for your STEM OPT application issued by USCIS. You cannot travel with an email or text confirmation, or a printout of your online case status, in lieu of the physical receipt notice. This only applies during the 180 day period of authorized employment while your STEM OPT application is pending.

For reentry to the U.S. with a pending STEM OPT application, you should carry:

• Expired Post-Completion OPT EAD card
• USCIS-issued receipt notice for your STEM OPT application
• an unexpired F-1 visa in the passport (except for Canadian citizens)*. If your F-1 visa is expired at the time of your reentry to the U.S., you must apply for a new F-1 visa with which to reenter the U.S. For instructions, please see below.
• Evidence of a job offer or evidence of resumption of employment

*You can apply for a new F-1 entry visa using the documents listed above, including the expired Post-Completion OPT EAD card and the original receipt notice for your STEM OPT application issued by USCIS. You cannot apply for a visa with an email or text confirmation, or a printout of your online case status, in lieu of the physical receipt notice. Follow the regular procedures to apply for an F-1 visa outside of the U.S.

If needed, the following guidance from the U.S. Department of State describes the ability to travel and apply for a renewed visa during the 180 day period following the expiration of your Post-Completion OPT EAD while your STEM OPT EAD is pending: Applicable Federal Guidance: U.S. Department of State Foreign Affairs Manual - 9 FAM 402.5-5(N)(6)(e)

“As the STEM OPT extension is automatic for the first 180 days following regular post-completion OPT (when the student has properly filed Form I-765), the student may not necessarily have a renewed EAD. Therefore, any students having automatically authorized employment through the OPT extension may not be able to present a valid EAD when they apply to renew their visa. However, F-1 students in this situation can request an updated I-20 from the DSO , annotated for the STEM OPT extension, as well as proof that the I-765 petition was filed in a timely manner. You must confirm that the student’s electronic SEVIS record contains the same information as the updated hard copy Form I-20 before issuing a visa.” The preamble to the 24-month STEM OPT rule [81 FR 13103 par. 774] states:

“Students on STEM OPT extensions (including those whose application for a STEM OPT extension is pending) may travel abroad and seek reentry to the United States in F-1 status during the STEM OPT extension period if they have a valid F-1 visa that permits multiple entries and a current Form I-20 Certificate of Eligibility endorsed for reentry by the DSO within the last six months. The student’s status is determined by CBP upon admission to the United States or through a USCIS adjudication of a change-of-status petition.”

Travel after STEM OPT approval

You must have ALL documents listed below in order to travel and reenter the U.S. while on an approved period of STEM OPT. 

• a STEM OPT EAD issued by USCIS. Printed on the EAD is the statement "Not valid for reentry." This statement means that the EAD alone is not valid for reentry.              
• an unexpired F-1 visa in the passport (except for Canadian citizens). If your F-1 visa is expired at the time of your reentry to the U.S. you must apply for a new F-1 visa to reenter the U.S. with.

Entry to the U.S. in any status other than F-1 STEM OPT will invalidate your STEM OPT work authorization. 

F-2 Dependents of Students on STEM OPT

• Valid SEVIS Form I-20, signed on page 2 by an advisor in the HIO (the signature must not be more than six months old at the time of reentry to the United States)

J-1 Students on Academic Training (AT) after Graduation

• Valid Academic Training DS-2019 signed once a year in the "travel validation" section by an HIO advisor or by your J-1 program sponsor*
• Valid J-1 visa in the passport (except for Canadian citizens)**
• A letter from your employer as evidence of employment

* If the HIO issued your DS-2019 it must be signed in the 'travel validation' section by an advisor in the HIO. If your form was issued by another Exchange Visitor Program (Fulbright, AMIDEAST, etc.) you should contact that organization directly to obtain travel signatures.

**If you are on post-completion AT and have a pending or approved H-1B petition, you are required to prove ties to your home country. Please consult your HIO advisor before applying for an J-1 visa while on post-completion AT.

You must not use a tourist visa unless you are truly tourists, and plan on abandoning your J-1 Academic Training.

If your J-1 visa is expired at the time of your reentry to the U.S. you must apply for a new J-1 visa to cover your AT time. Please click here for information on renewing your J-1 visa.

J-2 Dependents

• Valid Form DS-2019 signed once a year in the "travel validation" section by a Responsible Officer of your spouse's Exchange Visitor Program
• Valid J-2 visa stamp in the passport (except for Canadian citizens)
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Can I Travel While H-1B Extension Is Pending? Key Tips for Your USCIS Petition

Yes, you can travel internationally and reenter the U.S. while your H-1B extension is pending, provided you have a valid I-797 Approval Notice and a valid H-1B visa. Exceptions apply if you are visa-exempt or qualify for automatic visa revalidation. Always check current regulations and consult with your immigration attorney.

It’s crucial to carry a copy of your H-1B extension receipt notice from USCIS. This notice shows that your extension application is in process. Inform your employer and legal counsel about your travel plans to prepare any necessary documents.

Understand the risk of abandoning your H-1B petition. Leaving the country while your application is pending can be seen as abandonment by USCIS. Consult with an immigration attorney to navigate potential pitfalls.

Staying informed is key. Monitor your application status through the USCIS website. If your extension is approved while you’re abroad, you will need to get a new visa stamp at a U.S. consulate before re-entry.

Navigating travel during an H-1B extension petition requires planning and awareness of the risks involved. Now, let’s explore how to prepare for your visa renewal interview at a U.S. consulate, ensuring a smooth return to the United States.

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Can I Travel Outside the U.S. While My H-1B Extension Is Pending?

No, you cannot travel outside the U.S. while your H-1B extension is pending without risking complications.

Traveling while your extension is pending can create issues with your visa status. If you leave the country, your application may be considered abandoned. In this case, you would need to apply for a new H-1B visa from abroad. This process can delay your return to the U.S. and may cause additional challenges, such as waiting for approval or facing potential re-entry issues. Therefore, it is advisable to await the outcome of your extension application before making any travel plans.

What Are the Risks of Traveling During the H-1B Extension Process?

Traveling during the H-1B extension process carries several risks, including complications with visa status and re-entry into the United States.

• Risk of Visa Denial
• Issues with Re-Entry
• Delays in Processing
• Change in Immigration Policies
• Impact on Employment Status

Understanding these risks is essential for H-1B visa holders planning to travel during their extension process.

Risk of Visa Denial: The risk of visa denial occurs when traveling while an H-1B extension is pending. If a visa application is denied, the individual may face complications in reentering the United States. The denial can arise from changes in job details or failure to meet eligibility criteria. A 2021 report by the American Immigration Lawyers Association noted that over 15% of H-1B extensions experienced significant delays or denials.

Issues with Re-Entry: Issues with re-entry involve potential complications at the U.S. border. Immigration officials may scrutinize the case if the extension application is still pending. The travel may result in a situation where the applicant is not permitted to return, especially if their previous visa status has expired. National Foundation for American Policy (NFAP) noted that in 2019, there was a 30% increase in re-entry complications for temporary visa holders.

Delays in Processing: Delays in processing can significantly extend the time taken to obtain an H-1B extension. These delays may imply a longer period of uncertainty. According to USCIS, processing times for H-1B extensions can range from a few weeks to several months, which can complicate travel plans.

Change in Immigration Policies: A change in immigration policies can introduce new risks during the extension process. Policy changes may affect eligibility or processing times for H-1B visas. Reports by the Migration Policy Institute in 2020 indicated a shift toward stricter regulations that could impact ongoing petitions.

Impact on Employment Status: The impact on employment status refers to the potential loss of job if an H-1B employee is unable to return before their employment begins. Employers typically require visa holders to be present and maintaining valid work authorization. A study by the Center for American Progress recommends discussing travel plans with employers to avoid this risk.

How Does Traveling Affect My H-1B Status and Application?

Traveling can affect your H-1B status and application in several ways. If you hold an H-1B visa and plan to travel outside the United States, you must be aware of your current immigration status and any pending applications.

If you have a pending H-1B extension application, traveling abroad may complicate your situation. Specifically, leaving the U.S. while an extension is pending could result in the application being considered abandoned. This means you might lose the ability to re-enter the country on your existing employer’s H-1B status.

If you must travel, you should wait until your extension is approved. Approval will allow you to re-enter the U.S. while maintaining your H-1B status. In cases of urgent travel, consider applying for an H-1B visa stamp at a U.S. consulate abroad. Ensure that you carry the necessary documentation, including approval notices and employer letters.

In summary, traveling while your H-1B extension is pending can jeopardize your immigration status. Hence, carefully evaluate the timing and implications of any travel to avoid complications with your H-1B visa. Always consult with an immigration attorney for personalized advice based on your specific situation.

What Documentation Must I Bring While Traveling Abroad with a Pending H-1B Extension?

When traveling abroad with a pending H-1B extension, you must bring specific documentation to ensure smooth re-entry into the United States.

The essential documentation includes: 1. Valid passport 2. H-1B approval notice from your previous petition (if applicable) 3. Copy of the pending H-1B extension application 4. Employment verification letter from your employer 5. Recent pay stubs 6. I-94 arrival/departure record

Bringing the correct documents is crucial for avoiding complications during your trip.

Valid Passport : A valid passport is necessary for international travel. It serves as your primary identification and proves your nationality. Ensure your passport is not expired and is valid for at least six months beyond your planned return date.

H-1B Approval Notice from Your Previous Petition : The H-1B approval notice, also called Form I-797, represents your last successful visa application. You must show this document if you have previously held an H-1B visa. This proves your legal status in the U.S. and establishes your eligibility for the extension.

Copy of the Pending H-1B Extension Application : This includes Form I-129, which is the petition for a nonimmigrant worker. Bringing a copy of the pending application shows that you are actively pursuing your visa extension. It is crucial, especially if your current status is dependent on your extension.

Employment Verification Letter from Your Employer : This letter confirms your employment status, job title, salary, and that you intend to return to your job in the U.S. This document affirms your need to travel abroad and reassures immigration officials of your continued employment.

Recent Pay Stubs : Recent pay stubs serve as evidence of your ongoing employment and financial stability. Presenting them can help establish that you are actively employed in the U.S. during the extension process.

I-94 Arrival/Departure Record : The I-94 record reflects your most recent entry into the United States and indicates your permitted stay in the country. Obtain this document online or from the customs officer during your last entry to the U.S. It is vital for verifying your current immigration status.

It is advisable to consult with an immigration attorney before traveling to ensure you are fully prepared and informed about any changes in immigration policy that could affect your situation.

Are There Guidelines for Travel Within the U.S. While My H-1B Extension Is Pending?

Yes, you can travel within the U.S. while your H-1B extension is pending. However, it is important to be mindful of your immigration status and have all necessary documentation before traveling. This ensures that you comply with regulations and avoid any issues upon your return.

When traveling domestically, you do not need to present your H-1B extension application to security or airline personnel, unlike international travel. While your extension is pending, you should carry your passport, a copy of your current H-1B approval notice, and the receipt notice for your extension application. These documents serve as proof of your legal status and can protect you in case there are inquiries related to your immigration status.

One notable benefit of traveling within the U.S. during this period is the flexibility it offers. You can attend important meetings or conferences without jeopardizing your immigration process. According to the American Immigration Lawyers Association (AILA), staying informed about your status and having your documentation handy allows for smooth travel experiences. Additionally, domestic travel does not carry the same risks as international travel concerning visa issues.

However, there are drawbacks to consider. If you have any changes in your employment situation while traveling, it may complicate your H-1B extension process. Experts emphasize being cautious since leaving your job during the pending period could void your application. Furthermore, any delays or complications arising from unforeseen circumstances while away could affect your case.

To ensure a worry-free trip, consider planning your travel carefully. Always keep copies of essential immigration documents with you. Check your employer’s circumstances and project timelines before making travel plans. If your extension is denied while you’re traveling, be prepared to address the situation promptly; seek legal advice if necessary to navigate your immigration status effectively.

What Actions Should I Take If My H-1B Extension Is Denied While I Am Away?

If your H-1B extension is denied while you’re away, take specific actions to protect your immigration status.

• Consult with an immigration attorney.
• Assess your current immigration status.
• Consider applying for a different visa.
• Prepare to leave the U.S. if necessary.
• Reapply for H-1B when eligible.
• Explore options for changes of status.

These actions provide a framework for navigating the complexities of a denied H-1B extension.

1. Consult with an immigration attorney: Consulting with an immigration attorney is essential. An attorney can provide tailored advice based on your circumstances. They can help you understand the reasons for the denial and inform you of your rights and options.

2. Assess your current immigration status: Assessing your current immigration status helps you understand your position in the U.S. if the extension is denied. You may still have lawful status if you filed an extension prior to the expiration of your current visa. Understanding this is crucial for planning your next steps.

3. Consider applying for a different visa: Considering a different visa may offer alternative paths for staying in the U.S. Options might include an O-1 visa for individuals with extraordinary abilities or a student visa if you plan to enroll in academic programs. Ensuring that you meet the eligibility requirements is critical.

4. Prepare to leave the U.S. if necessary: Preparing to leave the U.S. is a practical step if your extension cannot be resolved favorably. Exiting the country promptly reduces the risk of accruing unlawful presence, which can have long-term consequences for future visa applications.

5. Reapply for H-1B when eligible: Reapplying for the H-1B visa is an option if you can resolve the issues that led to the denial. Be aware that H-1B petitions have strict timelines and requirements. You should be prepared to present clear evidence that addresses any previous deficiencies.

6. Explore options for changes of status: Exploring options for a change of status can be beneficial if you find alternative immigration pathways. For instance, changing to a visitor or another non-immigrant status may help you remain in the U.S. while you adjust your plans.

Understanding these points will allow you to navigate the consequences of an H-1B extension denial while minimizing potential complications in your immigration journey.

Can I File an Appeal If I Receive a Denial Notice from Outside the U.S.?

Yes, you can file an appeal if you receive a denial notice from outside the U.S. However, there are specific procedures you must follow.

Filing an appeal allows you to contest the decision made by immigration authorities. This process is crucial for individuals outside the U.S. who wish to challenge a denial related to a visa, waiver, or other immigration applications. To file an appeal, you typically need to submit a Form I-290B, Notice of Appeal or Motion, to the appropriate office within a designated time frame, usually 30 days from the date of the denial. It’s important to understand the grounds for the denial and present valid arguments or new evidence to support your case in the appeal.

What Can I Do to Ensure a Smooth Re-entry After Traveling While My Extension Is Pending?

To ensure a smooth re-entry after traveling while your extension is pending, you should take specific precautions and steps.

• Keep your documentation up to date, including passports and visas.
• Confirm the status of your extension application before traveling.
• Consult with an immigration attorney regarding your specific situation.
• Maintain evidence of your ongoing employment and ties to your home.
• Prepare for potential additional questioning by customs officials.
• Be aware of potential changes in immigration policies.

To navigate the potential complexities of re-entering the country, it is important to understand each of these points in detail.

Keep Your Documentation Up to Date : Keeping your documentation up to date involves ensuring your passport and visa are valid and have not expired. This includes checking the expiration dates and making sure that you have the necessary re-entry documents. An expired visa can prevent re-entry.

Confirm the Status of Your Extension Application : Confirming the status of your extension application entails checking the current processing status with USCIS. It is crucial to ensure that your application is still pending and has not been denied before you travel. A pending status might still allow for re-entry, but be cautious.

Consult with an Immigration Attorney : Consulting with an immigration attorney is advisable for personalized legal advice. An attorney can assess your specific situation and highlight any unique risks based on your current visa type and extension status. They can provide guidance tailored to your circumstances, which is essential for avoiding complications.

Maintain Evidence of Your Ongoing Employment and Ties to Your Home : Maintaining evidence of your ongoing employment includes keeping pay stubs, employment letters, and tax documents readily available. Showing that you have strong ties to your home country, such as property ownership or family connections, can be beneficial during re-entry. This documentation provides proof that you will return after your trip.

Prepare for Potential Additional Questioning by Customs Officials : Preparing for potential questioning means anticipating that customs officials may ask about your pending extension and ties to your employment. It’s important to formulate clear, confident responses that demonstrate your legal status and intentions. Knowledgeable travelers have indicated that being calm and honest helps alleviate concerns.

Be Aware of Potential Changes in Immigration Policies : Being aware of immigration policies requires staying informed about any changes that could impact re-entry. Policies can shift with new administrations or legislation, and being updated on these changes is crucial. Many travelers use government websites or subscribe to immigration law updates for the latest information.

By addressing each of these areas, you can better ensure a smooth re-entry after traveling while your extension is pending.

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Home  /  Immigration  /  Travel Resources  /  Travel and Pending H-1B Petitions

Travel and Pending H-1B Petitions

If you are being sponsored by Tufts University for H-1B employment, read below for important information for issues relating to travel while an H-1B application is pending. The information is divided between persons who are in the US in another status who need to change to H-1B status; and persons who are already in H-1B status and seeking to extend their status.

Changing to H-1B Status from Another Status

Tufts is allowed to submit H-1B petitions requesting H-1B status up to six months before the anticipated start of H-1B employment at Tufts.

For new employees, the H-1B start date is usually the first date of Tufts employment. However, if you are already working at Tufts under a different type of work authorization that is due to expire, the H-1B start date can be a specific date identified by you, your department, and the International Center. For example, if you are working at Tufts using F-1 post-completion Optional Practical Training (OPT), then your H-1B start date might be a date on or around the time your OPT benefit expires.

H-1B petitions can take 1-3 months to prepare internally. In addition, USCIS (US government) processing time under standard processing can take another 6+ months. If your status needs to be changed by a specific date in order for you to work lawfully for Tufts, the International Center will recommend to departments that they use premium processing service, which reduces US government processing times to around 30 days in most cases.

All immigration processing is subject to seasonal demand as well as unanticipated processing delays, so please note that offering a guaranteed result on a specific timetable is not possible.

If you are in the US in a different status (e.g., F-1 status, J-1 status) and are changing to H-1B status, you SHOULD NOT travel outside of the US once the H-1B application has been submitted to USCIS on your behalf .

If you leave the US while the application is in process with USCIS, then the change of status will be denied, and you may need to restart the process by remaining outside the US until that time you are able to get a new H-1B visa at a US consulate. Or, if you leave and return to the US during the change of status process, you will need to plan on departing the US again, applying for an H-1B visa, and re-entering with the new visa. This may cause significant delays to your H-1B start date as well as added and unanticipated travel costs.

If international travel is necessary, please consult with your International Center advisor and provide full travel details . Instead of doing a change of status, we will need to process your application for consular processing so that you can obtain an H-1B visa at a US consulate and return to the US in H-1B status.

If your change of status is approved, your status will change to H-1B status on the date of the H-1B approval.

However, the change of status approval is only to allow you to remain in the US in H-1B status. If you later travel internationally, you should plan enough time to go to a US consulate to apply for an H-1B visa. You will need a H-1B visa in order to return to the US following international travel. We recommend traveling only in consultation with your department and when there is enough time to accommodate possible consular processing delays and backlogs.

(Note: Canadian citizens are not required to obtain visas and may return in H-1B status with their H-1B approval notice and other documents.)

See our Travel Resource Center for more information about travel requirements.

If you are currently in another status and also have dependent family members (your legal spouse and/or unmarried minor children under 21 years of age), they will need to submit separate applications to change their status to H-4 status. For example, dependents in F-2 status would apply to change to H-4 status, at the same time Tufts submits a petition requesting a change in your status from F-1 to H-1B status.

H-4 dependents may accompany the H-1B employee as long as the employee is maintaining valid H-1B status and they meet the definition of dependent status. Please read more about the benefits and limitations of immigration status for H-4 dependents .

Changes to H-4 status are done through a separate application form, USCIS Form I-539 . The International Center is not authorized to complete Form I-539 for individual family members, although we will do a courtesy inspection to make sure the form is complete and is accompanied by the correct fees. You may complete the I-539 yourself, or rely on the services of an immigration attorney to complete the form for you. If you would like a referral to a local attorney, please contact your International Center advisor.

Please let your International Center advisor know that you have dependent family members, so that we can coordinate submission of both your H-1B petition and the I-539 petitions for your family to USCIS at the same time, which is generally advantageous.

Extension of H-1B Status (Current H-1B Employees)

Tufts can start an H-1B extension petition as early as six months prior to the start of the extension period. For example, if your current H-1B authorization expires on June 30, we can initiate the extension process as early as January 1, or six months before the expected extension start date of July 1.

While the International Center makes every effort to notify departments of upcoming expiration dates, any extension process must be initiated by the sponsoring department. Please talk to your department about your eligibility for an extension and about timing.

Extension petitions can take 2 to 3 months to prepare and an additional 6+ months for USCIS processing under standard processing, or one month (in most cases) with premium processing. Extensions must be submitted to USCIS no later than the last day of your current H-1B authorization. Once submitted, your work authorization will be extended temporarily for up to 240 days or until the extension petition is approved or denied.

If you need to travel internationally while the extension petition is in process, and certainly following the expiration of your current authorized period of employment, you must notify your International Center H-1B advisor responsible for managing your specific case.

You must be in the US when the H-1B extension petition is actually filed with USCIS. Once filed, you may continue to travel internationally and should be able to return with your existing H-1B visa and I-797 approval notice while the extension is still pending with USCIS.

If your extension is approved while you are outside the US , however, you should wait to return with a copy of your updated approval notice to ensure that you are granted admission for the entire period covered by your extension. You must also be sure that your H-1B entry visa is still valid. If your H-1B visa has or will expire, you will need to apply for a new H-1B visa at a US consulate in order to return. Please review our Travel Resource Center for more details.

If your change of status is approved, you may continue to remain in the US in your H-1B position. However, if you later travel internationally, you should plan enough time to go to a US consulate to apply for an H-1B visa, if your current visa has expired or will expire by the date of your anticipated return. We recommend traveling only in consultation with your department and when there is enough time to accommodate potential consular processing delays and backlogs.

H-4 dependents (including your legal spouse and/or unmarried minor children under 21) must apply separately for any extensions of their H-4 status. H-4 status eligibility is based on extension of your H-1B status.

Extensions of H-4 status are done through a separate application form, USCIS Form I-539 . The International Center is not authorized to complete Form I-539 for individual family members, although we will do a courtesy inspection to make sure the form is complete and is accompanied by the correct fees. You may complete the I-539 yourself, or rely on the services of an immigration attorney to complete the form for you. If you would like a referral to a local attorney, please contact your International Center advisor.

Please let your International Center advisor know that you have dependent family members, so that we can coordinate submission of both your H-1B petition and the I-539 petitions for your family to USCIS at the same time. In most cases it is advantageous for H-4 extension requests to be submitted alongside the University's I-129 extension petition for the H-1B employee.

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I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens

ALERT: On Aug. 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security,  Case Number 24-cv-306 administratively stayed DHS from granting parole in place under Keeping Families Together for 14 days.

To comply with the district court’s administrative stay, USCIS will:

• Not grant any pending parole in place requests under Keeping Families Together.
• Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.
• Continue to schedule biometric appointments and capture biometrics at Application Support Centers (ASCs).

The district court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024.

Use this form to request a discretionary grant of parole in place under  Keeping Families Together .

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Form I-131F must be filed online.

File Online

You can find the filing fee for Form I-131F by visiting our  Fee Schedule  page. There is no fee waiver available for Form I-131F.

Starting Aug. 19, 2024, you may file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online with the applicable filing fee. There is no fee waiver available for Form I-131F.

Each requestor, including noncitizen stepchildren, must file a separate Form I-131F requesting parole in place, and each requestor must have their own USCIS online account. A parent or legal guardian may create an online account for their minor child if the purpose is to submit a form on behalf of the minor. If a parent or legal guardian is not available, a primary caregiver or legal assistance provider may also help a child create their own USCIS online account. Information on creating a USCIS online account is available on the  How to Create a USCIS Online Account page.

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