Yes, it is generally possible to travel internationally while your H-1B status is being transferred from one employer to another, provided you meet specific requirements for re-entry into the U.S.
The ability to travel hinges on possessing the correct documentation to demonstrate your valid H-1B status and eligibility to return.
Key Requirements for International Travel
To successfully re-enter the U.S. while your H-1B transfer is pending or approved, you typically need the following:
- Valid I-797 Approval Notice: This is crucial. It signifies the approval of your H-1B transfer petition for your new employer. You must have this notice in hand, not just a pending receipt or a copy.
- Valid H-1B Visa Stamp in Your Passport: Your H-1B visa stamp must be current and unexpired. This stamp, obtained at a U.S. embassy or consulate abroad, allows you to seek admission to the U.S. in H-1B status.
Important Note: Even if your prior H-1B visa stamp was tied to your previous employer, it can generally be used to re-enter for your new H-1B employer, as long as it is unexpired and you have the I-797 approval for the new H-1B petition.
Exceptions to the Visa Stamp Requirement
There are specific situations where a valid H-1B visa stamp in your passport might not be necessary for re-entry:
- Visa-Exempt Nationalities: Citizens of certain countries (e.g., Canadian citizens seeking H-1B status) are exempt from needing a physical visa stamp in their passport to enter the U.S., though they still require a valid I-797 Approval Notice for their H-1B status.
- Automatic Visa Revalidation: If you are traveling to Canada, Mexico, or adjacent islands (excluding Cuba) for a period of 30 days or less, and you have an expired H-1B visa stamp but a valid I-797 Approval Notice, you might be eligible for automatic visa revalidation. This allows you to re-enter the U.S. even with an expired visa, provided you meet all other revalidation criteria (e.g., not having applied for a new visa at a consulate in a third country during your trip).
Essential Documents to Carry
When traveling internationally during an H-1B transfer, it is highly recommended to carry a comprehensive set of documents. This helps facilitate a smooth re-entry process at the U.S. port of entry.
| Document Category | Specific Documents | Purpose |
|---|---|---|
| Immigration Documents | - Original I-797 Approval Notice for your H-1B transfer | Proof of approved H-1B status with your new employer. |
| - Valid Passport with unexpired H-1B visa stamp (if applicable) | Primary travel document and evidence of visa validity for re-entry. | |
| - Previous I-797 Approval Notices (if available) | History of H-1B status and previous approvals. | |
| - Form I-94 Arrival/Departure Record (most recent printout from CBP I-94 website) | Proof of lawful admission and authorized period of stay. | |
| Employer Documents | - Letter from your new H-1B employer confirming your employment and H-1B status | Supports your purpose of entry and employment details. |
| - Copy of your H-1B LCA (Labor Condition Application) | Details of your employment terms and conditions. | |
| - Recent Pay Stubs (from current or previous H-1B employer) | Evidence of maintaining H-1B status and employment. | |
| Personal Documents | - Academic Degrees/Transcripts | Supports qualifications for the H-1B position. |
| - Marriage Certificate/Birth Certificates (for dependents, if applicable) | For accompanying family members entering on derivative visas. |
Considerations for Smooth Travel
- Confirm I-797 Approval: Ensure you have the physical I-797 Approval Notice in hand before planning international travel. A pending transfer receipt is generally not sufficient for re-entry in H-1B status, as you need the approved petition to demonstrate your new H-1B employment is authorized.
- Visa Stamping if Expired: If your H-1B visa stamp has expired or you need a new one for any reason (e.g., changing from a different visa category to H-1B), you will need to schedule an appointment at a U.S. embassy or consulate abroad to obtain a new visa stamp before returning to the U.S. This process can add significant time and complexity to your travel plans.
By ensuring you meet the necessary documentation requirements and understanding the specific conditions, travel during an H-1B transfer can be a straightforward process.
