If your current H1B visa has already expired and you travel,
you will NOT be able to enter the USA until your pending H1B extension is approved
. Example: You can travel to India while H1B extension is in progress and visa is still valid for re-entry.
Can I travel while on H1B visa?
You can travel internationally and reenter the U.S. while your H-1B status is being extended or transferred from one employer to another, provided you have a valid I-797 Approval Notice and a valid H-1B visa (unless visa-exempt or eligible for automatic visa revalidation).
Can I stay in US while waiting for H-1B extension?
The 240-day rule allows an H1B visa worker to stay and work in the USA for up to 240 days or USCIS takes a decision (whichever is earlier) while the H1B extension is pending with USCIS after i94 expiry.
Can I travel to USA if my H1B visa expires in 1 month?
An H-1B holder who has current H-1B classification (either initial or extension) may reenter the U.S. with an expired H-1B visa stamp after a trip solely to Canada or Mexico (not to U.S. territories/ the islands in the Caribbean) that lasted no more than 30 days (22 C.F.R. § 41.112(d)).
What happens to H-1B if I leave country?
Employer does NOT pay costs of return trip home: Under U.S. immigration regulations at 8 C.F.R. 214.2(h)(4)(iii)(E), employers must pay the reasonable costs of transporting H-1B workers back to their home country. However, if the a quits,
the employer is NOT responsible for paying these costs
.
How long can we stay outside US on H-1B?
The initial maximum period of validity is
three years
(sometimes less), and that is not changed or extended by any time spent outside the US. The clock keeps ticking on the three-year period even while you are abroad.
Can I stay in US while I-539 is pending?
What If My Form I-539 is Pending and My I-94 Expired? If you have filed for an extension before your I-94 expired date and your application is still under review,
you may stay in the U.S. for 240 days
. You need to have followed and continue following the terms of your status.
Can H1B extension be rejected?
More often than not, an H1B extension application is denied because the employer responsible for petitioning doesn't meet the requirements
.
Can you travel while I-539 is pending?
If you travel abroad while a change of status application (I-539) is pending,
USCIS considers the application abandoned and will reject it
. You will need to go to a U.S. embassy or consulate to apply for a new visa to re-enter.
Can I apply H-1B extension from India?
“Recapturing” that time spent abroad is one way to be granted an H-1B visa extension.
The foreign professional may request an H-1B extension if he/she traveled outside the United States during the validity of the visa
. The applicant is obligated to submit U.S. entry and return dates, I-94 copies, and related stamps.
Can I enter US if my visa expires in 3 months?
A visa must be valid at the time a traveler seeks admission to the United States, but the expiration date of the visa (validity period/length of time the visa can be used) has no relation to the length of time a temporary visitor may be authorized by the Department of Homeland Security to remain in the United States.
Can I come back to the US if I overstayed?
If you have more than 180 days of unlawful presence, meaning you overstayed your visa by 181 days or more, you will be barred from returning to the United States for a certain amount of time. If you were unlawfully present for between 180 and 365 days, you will be barred from entering the United States for three years.
What happens if I stay more than 6 months in USA?
Cases of overstaying a period of stay in the U.S. by 180 or more days but less than one year are punishable by prohibition of travel to the U.S. for three years. Overstaying for one year or longer is punishable by
prohibition of travel to the U.S. for 10 years
.
Can a foreigner on H1B work remotely from outside the US?
Simple answer is:
Yes, H1-B holders can work remotely from a different location, including another country like India.
Can I stay more than 6 months outside US with H1B?
The time you spend out of the country doesn't count for the 6 years renovation limit, so
you may extend your stay for more than 6 calendar years, yes
. However, if you quit or change firms, your H1B visa will no longer be valid; you will need to get a new one.
Can I live in Canada and work in USA on H1B?
If you are working in the US on an H1B visa,
your US work authorization is not affected by your PR for any other country like Australia or Canada
.
Can I work from India on H1B and get US salary?
Can I work from India on H1B and get US salary?
You can work from India and get a US salary as long your US employer can legally pay you a salary in the USA account
.
What happens if I leave the US before my I-539 Application to Extend status is approved?
If you leave the U.S. before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise,
you may be denied entry for overstaying on your
…
How long does it take for I-539 to be approved?
I-539 petitions sent to the California Service Center take
1 – 5 months
to process, while petitions sent to the Nebraska Service Center take 6 – 8 months. Petitions handled by the National Benefits Center have the best processing times with a turnaround time of as little as one week.
Can I leave US while waiting for visa extension?
Once you submit your application for an extension of status,
you are permitted to remain in the U.S. until you receive a decision from U.S. Citizenship and Immigration Services (USCIS)
—even if your permitted stay expires while USCIS is considering your application.
Can H1B be extended beyond 6 years?
H1B status can be extended in three year increments, indefinitely, past the sixth year if the foreign national has an approved I-140 and the foreign national is unable to file for Adjustment of Status or apply for an immigrant visa because an immigrant visa number is unavailable, in other words, the priority date is …
