Guide of H1B Visa: Re-entry and International Travel Considerations

Congratulations to those who have successfully won the H1B visa lottery in April! Don't forget to ensure that you submit all the necessary documents for your H1B by the upcoming deadline in June.

For this group and those who are already in H1B status, it is crucial to understand the important aspects of international travel before you make any plans. This guide has been carefully curated to outline the considerations for H1B visa holders at different stages of their visa process, emphasizing key precautions and essential preparations for seamless entry and re-entry into the United States.

Table of Content

• Understanding the H1B Visa
• Activation of H1B: Domestic and International
• Timeline and Key Dates for H1B Holders
• Travel and Re-entry During Different H1B Phases
• Conclusion

Understanding the H1B Visa

The H1B visa, issued by the United States Citizenship and Immigration Services (USCIS), is a non-immigrant work visa that allows foreign professionals to work in specialized occupations within the U.S. This visa requires sponsorship from an employer and grants the employee, the beneficiary of the H1B, the right to work in the U.S.

An initial H1B visa is valid for three years and can be extended for another three years, making a total of six years. If an H1B visa holder has not applied for a PERM labor certification or an I-140 within 365 days before the six-year expiration, they must leave the U.S. One of the unique features of the H1B visa is its dual intent provision, allowing holders to apply for permanent residency without jeopardizing their visa status.

Activation of H1B: Domestic and International

Employers can choose either domestic effectuation or international activation for their employees' H1B visas. The majority opt for domestic activation as a default, which applies to those already working within the U.S. Under this scenario, once approved, the beneficiary's status automatically shifts to H1B on October 1st of the current year.

For those currently outside the U.S. or planning international travel during the application period, international activation (Consular Notification / Port of Entry) might be considered. This does not take effect automatically on October 1st. Beneficiaries must schedule an appointment at a U.S. consulate to obtain an H1B visa after October 1st, with the visa becoming active upon re-entry to the U.S.

Choosing international activation returns control to the beneficiary, allowing them to decide when to transition to H1B status based on personal or tax-related considerations.

Timeline and Key Dates for H1B Holders

The H1B registration opens annually in early March, with the lottery results announced by early April. Beneficiaries must file their H1B petitions by the end of June, awaiting USCIS's decision on whether additional documents are required or if the application is approved. October 1st marks the effective date for domestically activated H1B visas.

Travel and Re-entry During Different H1B Phases

• H1B Pending: If you exit the U.S. during this phase, any change of status filed will be considered abandoned, and your case will switch to international activation. However, this only affects how the visa takes effect, not the overall approval.

• H1B Approved but Not Yet Effective: Beneficiaries who have received their approval notice but are before the effective date must ensure they are back in the U.S. before October 1st to activate their H1B status seamlessly.

• Already in H1B Status: Those in this phase can travel and re-enter the U.S. as long as they have valid H1B documentation and their visa is not expired. It is essential to carry the latest H1B approval notice and other relevant employment verification documents upon re-entry.

Conclusion

Navigating the complexities of the H1B visa, particularly concerning international travel and maintaining legal status, requires careful planning and compliance with all immigration laws. Whether considering a vacation, business trip, or a brief return home, understanding these nuances ensures that your H1B status is preserved, and your re-entry into the U.S. is trouble-free.