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发帖数: 442 | 1 Travel While an Extension of H1B Status is Pending
An H1B nonimmigrant employee is permitted to travel while an application for
Extension of the H-1B Status is pending, provided they are traveling on an
unexpired H¬I B nonimmigrant visa, except where exempt under the visa
exemption regulations, and can show that they are returning to the U.S. to
continue the previously approved H1B employment.
Under Section 222(g) of the Immigration and Nationality Act (“INA”), a
nonimmigrant alien that stays in the U.S. beyond the expiration date
indicated on their I-94 will cause their visa to become automatically
revoked, and consequently the alien will not be able to return to the US
unless he or she obtains a new visa. However, the alien’s visa will remain
valid where a timely, non-frivolous, application for Extension of Status or
Change of Status is filed, and where the alien has not engaged in unlawful
employment.
Travel While a Petition is Pending for a Change of H-1B Employer
An H1B nonimmigrant employee is permitted to port their H1B visa to another
company, pursuant the American Competitiveness in the Twenty-first Century
Act of 2000 (“AC-21”) upon the filing of an 1-129 petition for the
subsequent employer.
Under this scenario, the H1B employee is permitted to travel on the
previously issued visa, where they can show:
1) they are otherwise admissible to the U.S.;
2) they are in possession of a valid unexpired passport and visa, including
a visa endorsed with the name of their previous employer as petitioner;
3) they can show that they have previously been admitted in H1B status; and
4) they are in possession of the Form 1-797 receipt notice showing that a
new petition has been timely filed. |
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