travel while h1 in process

U.S. immigration basics

Can i travel while my h-1b is pending.

By Annie Blay

Perhaps you’re considering leaving the U.S. while you wait for your H-1B petition to be approved. Or maybe you want to apply for an H-1B but first need to know if it’ll impact your ability to travel. 

The short answer is this: In most situations, you can travel internationally while your H-1B petition is pending. 

The challenge? You need a valid H-1B stamp to re-enter the country. If you don’t already have a stamp, you’ll have to go to a U.S. consulate abroad first before returning to the U.S. 

Getting an appointment at a U.S. consulate can sometimes be tricky, so a quick trip to Europe for a conference could easily turn into being stuck outside the U.S. indefinitely. 

Below we outline the most common situations immigrants with pending H-1Bs find themselves in and how they impact travel.

What is an H-1B visa?

An H-1B provides foreign nationals with employment authorization at a U.S. company. To qualify for H-1B employment, applicants are typically required to have a Bachelor’s degree and a job offer in a field related to their degree.

To apply for an H-1B visa, the sponsoring company needs to send the following documentation to U.S. Citizenship and Immigration Services ( USCIS ):

• Form I-129: an immigration form required for H-1B petitions
• Form I-907: an immigration form for requesting premium processing (optional) 
• An approved Labor Condition Application (LCA) from the U.S. Department of Homeland Security (DHS)
• Filing fees
• Supporting documentation

H-1B applicants who are married or who have children under 21 can include their qualifying family members as dependents in their H-1B petition. Upon approval of the H-1B, their dependents will receive H-4 status.

Traveling When You Have an H-1B Petition Pending with USCIS

Whether you are permitted to travel while you wait for USCIS to review your H-1B petition depends on the type of H-1B petition you filed. 

New H-1B Petition

If you leave the U.S. after filing an H-1B Change of Status (COS) petition, your COS will be considered abandoned and your petition will automatically be adjudicated as a Consular petition. This does not mean that your petition will be denied, but it does mean that you won’t be able to re-enter the U.S. on your new H-1B status without going to a U.S. consulate first.

• What is the difference between H-1B Change of Status and Consular processing?

When your sponsoring employer files a new H-1B petition, they can select COS or Consular processing. 

COS processing is only available when the beneficiary (you) is physically present in the U.S. on a valid status. When a COS petition is approved, your status is automatically changed to the new status—in this case, H-1B. 

Consular petitions are different because they require you to attend a visa interview at a U.S. consulate abroad before beginning work on your new status in the U.S.

If you file a COS petition and then leave the country, your status cannot automatically be changed upon approval of your visa since you do not have a status when outside the U.S.

• So, is it okay to travel with a pending COS petition?

Yes, you can leave the U.S. while your COS is pending as long as you know that your petition will effectively become a Consular petition. 

The result? You will only be able to enter the U.S. on your new status (H-1B) if you attend a visa interview at a consulate abroad first.  

Depending on where you’re trying to book your interview, the wait times can be anywhere between a few days and over a year. Be sure to research and contact local consulates ahead of time; otherwise, you may get stuck outside the U.S.

•   How do I know if my petition was filed with COS processing?

If you are unsure, check with your sponsoring employer or immigration team. 

H-1B Extension of Status Petition

You can travel in and out of the U.S. while an H-1B extension is pending if you have an unexpired H-1B stamp in your passport. 

When you re-enter the U.S., present your valid H-1B stamp from your old H-1B, as well as the receipt notice for your pending extension (or approval notice if your extension is approved). 

H-1B Change of Employer Petition

You can travel in and out of the U.S. while an H-1B change of employer petition is pending if you have an unexpired H-1B stamp in your passport. When you re-enter the U.S., you will need to present a copy of your Receipt Notice (I-797) for your pending H-1B change of employer. 

Related H-1B Travel Questions:

What documents do I need to present when re-entering the U.S. when I have a pending H-1B?

First, remember that you can only re-enter the U.S. on H-1B status if you have a valid H-1B stamp in your passport. Depending on your situation, this may mean you need to get your visa stamp at a U.S. consulate abroad before re-entering at a U.S. port of entry. 

At the U.S. port of entry, the CBP officer may ask you to present the following documents:

• A valid passport from your home country (with an expiration date of at least six months in the future)
• A valid H-1B visa stamp (in your current passport or in an expired passport)
• The I-797 receipt notice for your pending H-1B or a valid H-1B approval notice
• A letter from your sponsoring company confirming your employment (or job offer)
• 3+ recent pay stubs (if you are already employed in the U.S.)

Can I travel with an approved H-1B petition?

Yes, upon approval of your H-1B, you can travel in and out of the U.S. freely. 

Is H-1B travel to and from Canada treated the same as travel to other countries?

For the most part, travel to Canada is treated no differently than travel to other countries.

However, there are some circumstances in which travel to and from Canada may have different implications for U.S. visa holders. 

For example, under automatic revalidation , you can re-enter the U.S. with an expired visa stamp if you spent less than 30 days in Mexico or Canada. However, before you travel with an expired visa stamp, consult with an immigration attorney. 

Can my dependents on H-4 status travel internationally?

Yes, dependents on valid H-4 status can travel internationally. 

Can I travel with a pending Labor Condition Application (LCA)? 

Yes, you can travel while an LCA is pending for your H-1B.

Can I travel between U.S. states while my H-1B petition is pending?

Yes, you can travel between U.S. states while your H-1B petition is pending. Travel within the country has no impact on your pending petition.

Final thoughts

Are you a leader at a U.S. company interested in hiring foreign talent on H-1B visas? Or are you a current H-1B visa holder considering switching to a new visa type or pursuing permanent residency ? Legalpad brings together business immigration expertise and technology to make work visas and green cards easy. Connect with our team today to learn more.

About the author:

Content Marketing Specialist

Before joining the marketing team, Annie helped over 60 Legalpad clients navigate U.S. immigration on the client services team.

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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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Travel On H1B Visa While H1B Petition Is Pending:

Things you must know, introduction.

You are in the US, an H1B petition has been filed on your behalf and is pending, and you need to travel outside the US on a family emergency. What can you do? It is a common dilemma that many H1B workers find themselves in.

Let us examine when travel on H1B is safe while an H1B petition is pending, and the contexts when H1B travel outside the US can have an adverse effect on the H1B process.

A. Travel On H1B While An H1B Petition Is Pending

Foreign nationals in H1B status can travel outside the US and re-enter the United States as long as they have a valid H1B nonimmigrant visa stamp in their passport. Let’s examine the nuances of travel on H1B when an H1B petition is pending.

NOTE: It’s always safe to travel after H1B approval.

DID YOU KNOW? Canadian H1B holders are visa exempt and can travel as long their H1B petition validity dates have not expired.

1. Travel on H1B While H1B Extension of Stay or H1B Amendment Is Pending With The Same Employer

If an H1B petition to extend and/or amend H1B status with the same employer is pending with U.S. Citizenship & Immigration Services (USCIS), the H1B employee may be able to travel on H1B if:

a. He/she is traveling on an unexpired H1B visa

b. He/she is going to return to the US before the expiration of the current H1B approval notice.

Simply put, if the individual’s original H1B status has not expired, then H1B travel outside the US is generally allowed.

Act Now - free spots fill up fast!

2. Travel Outside The US When Beneficiary Does Not Have A Valid H1B Visa

If an H1B extension of stay petition has been filed and the employee does not have a valid H1B visa, he/she will be able to get an H1B visa stamp if travel abroad is undertaken and the underlying H1B petition is still valid.

If an H1B Amendment petition has been filed and the employee has already begun working pursuant to the terms of the amended petition, the employee cannot seek to obtain a new visa stamp until the amendment is approved. Travelling outside the US in this scenario is not recommended.

3. Travelling Outside The US While An H1B Change of Employer Petition Is Pending

If an H1B petition is filed for a Change of Employer and the H1B employee begins working for the new employer under AC21 H1B Portability , the H1B employee may be able to travel on H1B while the petition is pending if:

a. He/she is traveling on an unexpired H1B visa;

b. He/she was previously lawfully admitted and has maintained their H1B status; and

c. He/she is carrying the H1B Receipt Notice (I-797, Notice of Action) for the Change of Employer petition.

The H1B employee cannot travel outside the US, however, if he/she does not already have a valid H1B visa stamp in the passport. If the H1B employee travels out of the US and does not already have a valid visa stamp in the passport, he/she will need to wait for the H1B approval and then obtain the H1B visa stamp before being able to re-enter the US.

DID YOU KNOW? If an H1B Change of Employer petition is pending but the employee has decided to remain with his or her current employer, then travel outside the US is not an issue as long as the employee has a valid H1B approval notice and H1B visa stamp (or can obtain one before re-entering).

4. H1B Petition Is Adjudicated While The Employee Is Travelling Outside The US

If the H1B Extension of Stay petition or Change of Employer petition is adjudicated while the H1B employee is outside the US, he/she has several options:

My Case Scenario Elizabeth

Elizabeth is in the US in H1B status. She is working for XYZ, Inc. Her H1B status expires in 2 months and her employer has already filed an H1B Extension of Stay on her behalf. Elizabeth needs to go out of the country on urgent business. She has a valid H1B visa stamp in her passport. Can she travel outside the US?

Yes, Elizabeth will be able to travel on H1B visa and re-enter the US with the previously issued H1B visa stamp and H1B approval notice. Once she re-enters and after the H1B petition is approved, her status will be extended. If the H1B extension of stay petition is approved while she is abroad, her employer should send her the approval notice. She can then use the new approval notice and existing visa stamp to re-enter the U.S. CBP should give her an I-94 that matches the expiration date of the new approval notice.

B. Travel Outside The US While H1B Change Of Status Is Pending

Foreign nationals in valid nonimmigrant status may have an employer file an H1B Change of Status petition on their behalf. Lets examine the various scenarios when a need to travel outside the US arises while the Change of Status petition is pending.

1. Travel Outside The US When H1B Change Of Status Petition Is Pending

Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied.

The beneficiary may only return to the US in their previous nonimmigrant status (if still valid or applicable) or the beneficiary must wait until the H1B petition is approved so that he/she can obtain an H1B visa stamp with which to re-enter the US.

DID YOU KNOW? If a Beneficiary travels outside the US while an H1B Change of Status is pending, USCIS may inadvertently approve the change of status. Beneficiaries who returned to the US in the previously held nonimmigrant status should not rely on this approval. In order to activate the H1B, the beneficiary must leave the US and obtain an H1B visa stamp and re-enter or the employer must file a new Change of Status/Amendment petition.

2. Travelling Outside The US When H1B Change Of Status Petition Is Approved With A Future Start Date

If an H1B Beneficiary is travelling outside the US after an H1B petition is approved with a future start date but is re-entering the US before the validity of the H1B begins , the foreign national may enter the US in the previously held nonimmigrant status. The foreign national’s nonimmigrant status will then change to H1B as of the date of the H1B validity start date.

IMPORTANT If an H1B Beneficiary undertakes a travel outside the US after an H1B petition is approved with a future start date but is re-entering the US after the validity of the H1B begins in another nonimmigrant status, the H1B Change of Status is effectively abandoned.

Elizabeth was in H4 status and an H1B Change of Status petition was filed on her behalf. While the H1B Change of Status was pending, she traveled outside the US. The H1B was approved when she was abroad. What effect does that have on her H1B? What were her options to return to the US?

When Elizabeth left the US while the H1B Change of Status was pending, the request for Change of Status was abandoned. Elizabeth would have had 2 options to re-enter the US:

• Obtain an H1B Visa stamp at the US Consulate once the H1B was approved and travel on H1B visa to re-enter the US in H1B status.
• Return to the US with a valid H4 visa to resume her H4 status. With this option, once the H1B was approved, she would have to leave the US again to obtain an H1B visa and re-enter OR her employer would have file a new H1B petition to change her status.

Travelling outside the US while an H1B petition is pending has numerous pitfalls and can be risky unless the employee is armed with the accurate information, and proper precautions are taken before undertaking the H1B travel outside the US.

If you have any queries about travel on H1B visa, or travel outside the US while an H1B petition is pending, or need assistance filing for a US visa or Green Card, contact VisaPro for a FREE Immigration Lawyer Consultation .

We’ll talk through your priorities and recommend strategies based on our attorneys’ near 100% success rate.

What VisaPro Customers Are Saying

Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. They were very helpful in all phases of the H-1B visa process and they got it right the first time. I have tried other Visa services, but VisaPro is the best by far. VisaPro is the only way to go!"

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Effect of Travel While in H1B / L-1 Status and Pending I-485

There are questions commonly on the minds of many MurthyDotCom readers regarding the effect of reentry into the United States on H1B or L-1 workers who also have approved advance parole (AP) based on a pending application to adjust status (form I-485). The law pertaining to this situation is not clear and the result is confusing. Many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document.

The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one’s immigration status and employment authorization are explored here for the benefit of our readers.

One Entering on AP Becomes a Parolee

It is a common misconception that entering the United States on a valid AP will not impact one’s H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, does not provide the individual with H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status, but rather it is a separate form of entry known as parole.

The complete analysis, however, is not quite so simple. Under Legacy Immigration and Naturalization Service (INS) memoranda issued in March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.

Parolee may Work for H1B (or L-1) Employer Without Valid EAD

Pursuant to the revised Legacy INS memorandum, a parolee may continue to work for the H1B (or L-1) employer “if the alien’s H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole.” Such employment is not regarded as being unauthorized, even if the individual does not hold a valid employment authorization document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, the foreign national still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be a difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H1B (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that if one’s I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.

One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.

EAD is Safer / H1B Makes Extensions Possible

As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, should there be any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.

Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition

The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the United States on AP “may apply for an extension of H1B or L-1 status, if there is a valid and approved petition.” If the USCIS approves the petition, this “will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.” Therefore, one’s H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. To utilize these provisions, the foreign national should have resumed employment with the H1B (or L-1) employer following the paroled entry.

Similar Result if Employer Files H1B Amendment

The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which AP is used for emergency travel or shorter trips, but then the individual seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.

An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. There are risks and variables to weigh, each of which is case-specific. Because each person’s situation is different, a consultation with a knowledgeable, experienced attorney may be advisable prior to travel.

While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. From time to time, we at the Murthy Law Firm refer our clients to articles, like this one, which remains relevant and has been updated for our readers.

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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.

Office of International Students & Scholars

Traveling in h-1b status, h-1b travel document checklist.

• Valid I-797 Approval Notice for Yale University
• Copy of all supporting documents issued to you in OISS Connect including the Beneficiary Copy of your petition (forms including the I-129 and the Labor Condition application, along with Support Letter and other petition documents)
• Copy of paystubs from Yale for the most recent three months
• If you were subject to the J-1/J-2 two-year home-residency requirement prior to obtaining H-1B, bring a copy of your Form I-612 Waiver Approval issued by USCIS.

International travel with H-1B status can be complicated. Below are some basic guidelines with which you should be familiar. However, it is recommended that you check with your adviser before you travel if you have any questions about your situation.

Please refer to the  Arriving in the U.S.: Immigration Inspection  page for a full list of all documents.

All international scholars/employees and family members planning to depart from the U.S. and return after a temporary absence must have a valid passport in order to exit the U.S. The passport must also be valid for a minimum of six months into the future at the time of re-entry to the U.S. Some countries have an agreement with the U.S. that automatically extends passport validity for 6 months , for U.S. entry purposes only. Please make sure to review the information in the Passport Expiration section below.

Except for Canadian citizens, all international scholars/employees and family members will also need to have a valid H-1B/H-4 visa stamp in their passport issued by a U.S. embassy or consulate abroad. Visa stamps cannot be obtained or renewed inside the U.S.

The only exception to this is the limited pilot program that the Department of State is running for the renewal of  certain H-1B visas .  You can find more information about this limited program on this page . The Department of State indicated that they plan to expand this program in the future and we will update our website as more information becomes available.

I-94 Record

H status holders are given a specific departure date on the I-94 and must depart the U.S. by this date. It is critical that you know and check this date upon every entry to the U.S. Check also an ink entry stamp with an annotation (the visa type and validity date) given in your passport upon entry. If the visa type and/or validity date do not match your H-1B approval notice, you must speak with your OISS adviser . Please also see the Passport Expiration and I-94 Validity sections below.

General Guidance for Traveling and Re-entering the U.S.

H-1B Travel Considerations

Change to h-1b status.

Scholars/employees are advised to not travel outside the U.S. during a pending change of status H-1B petition (e.g., those who are changing from an F-1/J-1/Other to H-1B), as international travel will complicate your work authorization eligibility/immigration status. If you have an unavoidable reason that requires you to leave the U.S., please consult with your OISS adviser before making your travel plans.

Extension of H-1B Status

If you must travel outside the U.S. during the H-1B extension process, you should speak to your OISS adviser as soon as possible before making your travel plans. Because your travel plans may affect your H-1B extension processing timing, you must coordinate closely with your OISS adviser.

• If you plan to return to the U.S. before the expiration of your current approved H-1B status and with a valid H-1B visa stamp, there may not be any difficulty.
• However, depending on when the H-1B extension petition is submitted to USCIS, your international travel plans may complicate your H-1B status; therefore it is highly recommended to travel with the extension approval. This may require premium processing .
• If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. If your H-1B visa stamp is valid on your reentry date, you may use it for admission.
• If you plan to leave the U.S. while the extension petition is still pending and your current H-1B status is expired, you cannot return to the U.S. until the extension petition is approved. The approval notice must be sent to you abroad. You also have to apply for a new H-1B visa stamp with a consulate or embassy before you can return to the U.S.
• After you have received the new H-1B extension approval notice, you may travel outside the U.S. once again. However, while outside the U.S., you will have to obtain a new H-1B visa stamp at a U.S. embassy or consulate. It is normally not possible to obtain visa stamps inside the U.S. and the only exception to this is the limited pilot program that the Department of State is running for the renewal of  certain H-1B visas .  You can find more information about this limited program on this page . 

Changing H-1B Employer to Yale

If you have any plans to travel outside the U.S. during the portable H-1B (changing employer) process, you should speak to your  OISS adviser  as soon as possible.

• If you plan to return to the U.S. before the expiration of your current approved H-1B petition with an old employer and with a valid H-1B visa stamp, there may not be any difficulty. However, if your return date to the U.S. is after your start date with Yale, you may have difficulty at a port of entry.
• Depending on when the portable petition is submitted to USCIS, your international travel plan may complicate your H-1B status with Yale; therefore it is highly recommended to travel with the portable H-1B approval. This may require premium processing .
• If you travel after the portable petition is approved and after your start date at Yale, you must travel with the new approval notice for the Yale appointment. If your H-1B visa stamp is valid on your reentry date, you may use it for admission, even if the visa stamp may have your old employer's name on it; however, make sure to present your Yale H-1B approval notice upon entry to obtain the correct H-1B status validity on your I-94. Check your I-94 validity and an ink entry stamp given in your passport as soon as possible upon your entry.
• If you plan to leave the U.S. while the portable petition is still pending and your current H-1B petition with the old employer is expired, you cannot return to the U.S. until the portable petition is approved. The approval notice must be sent to you abroad. You will also have to apply for a new H-1B visa stamp with a consulate or embassy before you can return to the U.S.
• After you have received the portable H-1B approval notice, you may travel outside the U.S. once again. However, while outside the U.S., you will have to obtain a new H-1B visa stamp at a U.S. embassy or consulate. It is normally not possible to obtain visa stamps inside the U.S. and the only exception to this is the limited pilot program that the Department of State is running for the renewal of  certain H-1B visas .  You can find more information about this limited program on this page .

Passport Expiration

If you or your H-4 dependents are traveling with a passport that will expire before your H approval end date, you will be admitted to the U.S. only for the duration that your passport is valid. This means that your I-94 and legal stay in the U.S. will end earlier than your H-1B approval end date. You will be required to renew your passport and may need to travel outside the U.S. again to be admitted for the full duration of your H approval. If you are in H-1B status and do not travel, Yale will be required to file an H-1B extension on your behalf. H-4 dependents who do not travel will need to file an extension of their H-4 status. It is your responsibility to communicate any status issues to your OISS adviser .

I-94 Validity

Please pay extra attention to your most recent I-94 record and make sure that you will not inadvertently lose H-1B status and work authorization . At the immigration officer's discretion, some H visa holders may be given a 10-day grace period reflecting on their I-94. The grace period is outside the approved H-1B petition period that allows you to work in the U.S. Do not confuse this with H-1B validity date mismatch and speak with your OISS adviser .

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H-1B Travel

Initial entry to the u.s. in h-1b status, required documents.

• Valid passport with validity for at least six months following authorized period of stay  
• Valid H-1B visa stamp (unless visa exempt, i.e. Canadian citizen)  
• Form I-797 Notice of Approval of H-1B status

Upon admission to the U.S., you will need your I-94 record of arrival.

• If entering by land, you will need an I-94 card. The Customs and Border Protection (CBP) officer at the U.S. port of entry will issue an I-94 card to the foreign national. For H-1B and H-4 foreign nationals, the CBP officer should indicate an expiration date on the I-94 card. The expiration date refers to the length of time an H-1B foreign national has permission to remain temporarily in the United States. CBP may include a 10-day grace period following the period of approved H-1B status.

We strongly recommend that you print and save your I-94 record after entrance into the United States.

Travel During Period of H-1B Status

In order for H-1B aliens to request permission to re-enter the U.S. after a temporary departure, they must present the following documents at the port of entry:

• Valid passport (valid for at least six months following authorized period of stay)  
• Valid U.S. H-1B visa stamp in passport (unless visa exempt, such as a Canadian citizen)  
• Original, valid Form I-797 Notice of Approval of H-1B employment  
• Evidence of current H-1B employment, including most recent pay statements and/or a letter from Human Resources verifying employment. This is not required, but recommended.

If your H-1B visa stamp is expired, or you have never held an H-1B stamp in your passport, you must apply for and receive a new stamp before returning to the United States. OVIS recommends that you check with the relevant consulate or embassy in your home country for specific information on the visa application process, as well as fees and appointment wait times.

Automatic Revalidation

After initial entry to the U.S., nonimmigrants who have an expired visa in their passport may re-enter the U.S. without obtaining a new visa if their travel was solely to the contiguous countries of Canada and Mexico.  F and J visa holders may also be able to benefit from Automatic Revalidation after travel to the Caribbean Islands (excluding Cuba).  Travel must be for a period of fewer than 30 days. This procedure is known as Automatic Revalidation of the U.S. visa.

To take advantage of Automatic Revalidation, travelers must have, in addition to the documents for re-entry stated above, a copy of their electronic I-94 record (or white I-94 card, if you have one).

• If you are a citizen of Cuba, Iran, Sudan, or Syria, you are not eligible for automatic revalidation of your expired non-immigrant visa.
• If you have applied for a new visa while out of the country, you may not re-enter the U.S. until the new visa is issued, even if your old visa is still valid.
• Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba
• Depending on your country of citizenship, you may be required to have an entry visa for Canada, Mexico or any of the other Caribbean nations in order to enter those countries. Your U.S. visa does not automatically grant entry into these other contiguous countries. 

You can find more information on Automatic Revalidation on the U.S. Department of State website .

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Travel on H-1B visa

Travel during the visa request process.

Always discuss your travel plans with the International Scholars Operations (ISO) team before traveling internationally and before any petition is filed with U.S. Citizenship and Immigration Services (USCIS) on your behalf.

Changes of Status

If you are in the U.S. and attempting to change your status to H-1B, or if your dependents are applying for a change of status to H-4, do not travel outside the U.S. while the petition is pending with USCIS. USCIS may say that you have abandoned the petition and deny your change of status. In this situation, you would have to exit the U.S., apply for a new H-1B visa stamp, and reenter as outlined in Coming to the U.S. page .

Extensions of Status and Changes of Employer

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). If your current H-1B expires before you return, you may have to wait until the H-1B extension is approved to reenter.

Returning to the U.S. after a Temporary Absence

When returning to the U.S. after a temporary absence, be prepared to show the following to the Customs and Border Protection officer:

• Original and unexpired Form I-797 Approval Notice.
• Passport valid for at least 6 months beyond the end date of your expected stay.
• Letter from your UW host department confirming you are returning to continue full-time employment in the job described in the I-129 petition.
• These were forwarded to you by your host department. If you cannot locate them, contact ISO .
• Note: If the visa has expired, it may be extended by presenting the documents listed above to a U.S. consulate . Anticipate delays due to security reviews. For information about the visa process and to schedule an interview appointment, contact the U.S. consulate in the city where the application will be submitted.

Short Travel to Canada or Mexico under Automatic Visa Revalidation

A valid H-1B visa stamp (or H-4 visa stamp) is not required for reentry to the U.S. following a visit of less than 30 days in Canada or Mexico, as long as you have a valid H-1B approval notice. This is called automatic visa revalidation. However, if you apply for a new visa while in Canada or Mexico, you will not be able to return to the U.S. unless the visa is granted.

Automatic visa revalidation is not available to nationals of countries on the State Sponsors of Terrorism list .

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Travel on the H-1B

When traveling on the h-1b visa, you will require the following documentation to reenter the u.s.:  .

• Valid passport with at least 6 months of validity at the time of admission to the U.S.
• Valid H-1B visa stamp in your passport, obtained from a U.S. Consulate abroad.
• Original H-1B approval notice (I-797) from UConn.
• Current letter from your hiring department verifying continued employment. a. Should be less than 6 months old. b. Your H-1B petition supporting letter will suffice if less than 6 months old. c. Or, obtain an employment verification letter from your department.
• Copy of the H-1B petition materials given to you by OGC (LCA, I-129 and supporting letter).
• Several recent paystubs as evidence of continued employment with UConn (not necessary for initial employment with UConn).
• For H-4 dependents, proof of the relationship to H-1B principle beneficiary (marriage certificate; birth certificate).

Continued validity of H visas after employer change

If you have changed employers since first entering the U.S. in H-1B status and have a valid, unexpired H-1B visa annotated for the previous employer, you may reenter the U.S. using that visa, presenting the valid UConn H-1B approval notice and the UConn H-1B petition materials upon reentry to the U.S.

Travel Abroad Exception with an Expired H-1B visa stamp

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)).

In such circumstances, you must NOT surrender your current I-94 upon departure from the U.S.

► We recommended that you make an advisory appointment with Immigration Services before trying this – current practices may change.

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Travel during H1B transfer to new employer

In this article we discuss important questions about travelling while your H-1B transfer is being processed by USCIS. If you are currently on an H-1B visa and you change employers, your new employer must transfer your H-1B.

To transfer your H-1B, your new employer must obtain a Certified Labor Condition Application (LCA) from the U.S. Department of Labor (DOL) and thereafter, submit a request to change employers on Form I-129 with the U.S. Citizenship and Immigration Services. To learn more about the H-1B transfer, visit our H-1B transfer process , requirements and processing times and H1B transfer success stories .

You cannot travel while your H1B transfer is pending at DOL. However, it is possible to travel outside the US while your H1B transfer to new employer is pending at USCIS. Here, we explore best practices regarding travel during your pending H-1B transfer.

1. Travel outside the US during pending H1B transfer

You can travel while you transfer your H1B to a new employer and your petition is pending with USCIS.

According to the Foreign Affairs Manual (9 FAM 402.10-11(A) ), you can travel on your valid H-1B visa from your prior employer while your H-1B transfer is pending at USCIS as long as you can provide evidence that an H-1B transfer petition was timely filed on your behalf.

Here’s what you need to present to re-enter the US:

• Valid passport
• Valid H-1B visa from prior employer
• Proof of previous H-1B status: Have a copy of your previous Form I-94 and USCIS I-797 Approval Notices showing your H-1B status and petition validity dates.
• Proof of transfer petition: Carry the Receipt Notice from USCIS for your new H-1B transfer petition (Form I-797) showing that a new petition was timely filed

H-1B portability rules allow you to travel and re-enter the US with your new employer’s USCIS filing notice (Form I-797). However, keep in mind that travelling abroad while your H-1B transfer is pending at USCIS carries risk of entry issues.

For example, if CBP cannot verify your transfer petition during your travel, your re-entry may be delayed. Also, if your H-1B visa and petition have expired, you cannot receive a new H-1B visa while your transfer petition is pending. You can only receive a new H-1B visa for your new employer if USCIS approves your pending transfer petition.

If USCIS denies your transfer petition during your travel abroad, you cannot obtain a new H-1B visa or re-enter the United States in H-1B status to work for your new employer.

2. Travel after H1B transfer is approved

You can travel on your valid H-1B visa even if you have changed employers. If you travel after USCIS approved your H1B transfer to a new employer, you must present evidence of the approved change of employer petition together with your existing H-1B visa.

To re-enter the United States, you must present the following documents:

• Valid H-1B visa from your previous employer
• New Form I-797 Approval Notice for your H-1B transfer to the new employer.

You must present both documents to US Customs and Border Protection (CBP) upon arrival to the United States.

However, if your H-1B visa from your previous employer has expired, then you need to obtain a new H-1B visa from a US consulate abroad before returning to the United States.   

Malescu Law can assist

Timing is of the essence if you are changing employers, or you plan to change employers and need to travel during your H1B transfer. Many employers are in dire need of the H1-B applicant’s services and at times require training or onboarding abroad.

If you plan to travel while your H1B transfer is still in process, you should contact an experienced H1B visa lawyer prior to leaving the country. There are many factors that can impact your immigration status and ability to return to the United States.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

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Malescu Law P.A. – Business & Immigration Lawyers

About Anda Malescu

Anda Malescu is a US immigration lawyer and Florida Bar Board Certified Expert in International Law. A member of the elite category of Florida Bar lawyers recognized for her exceptional knowledge, skill and professionalism, she advises US and international clients, including investors and entrepreneurs, on business immigration and corporate law matters. She holds a JD degree from University of Miami School of Law and a Master's degree in Economics and Business from Erasmus University Rotterdam in the Netherlands. She is a member of the Florida Bar.

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F-1 Students Travel During OPT or H-1B Process

Update 1- Feb 8, 2021

Can students on OPT CPT work remotely during the COVID times. ICE says yes.  See from page 12 on of this FAQ released by the govt. https://www.ice.gov/doclib/coronavirus/covid19faq.pdf

Update 2 - Feb 8, 2021

How to account for the excepted days off and employer close downs. https://studyinthestates.dhs.gov/2016/12/opt-students-what-do-if-your-employer-closes-during-holidays

----------------

F-1 visa holder travel abroad (opt/h-1b), post completion opt (first year),   opt applied and pending       you can travel, but not recommended            what if there is an rfe             what if the opt is denied                you will not be able to enter the usa on f-1 if your opt is denied.     opt approved         you can travel if:              you have a valid passport and f-1 visa               proof of employment/training               i-20 endorsed for travel                note that the time outside during opt is counted towards your maximum permitted days of unemployment,    stem opt applied and first year opt is still valid        you can travel if:             you have a valid passport and f-1 visa              proof of stem employment/training              proof that you worked during the first year opt              i-20 endorsed for travel.

   STEM OPT applied and first year OPT expired          Do NOT travel until STEM OPT is approved       STEM OPT approved          You can travel if:              You have a valid passport and F-1 visa                 Proof of STEM employment/training                Proof that you worked during the first year OPT                I-20 endorsed for travel                  Note that the time outside during OPT is counted towards your maximum permitted days of unemployment  

H-1B application process

   travel before lottery is filed          you can travel. make sure you meet the requirements of opt or stem opt travel.

    Travel after lottery is filed or selected, but before H-1B petition is filed          You can travel. Make sure you meet the requirements of OPT or STEM OPT travel. Be back in the USA when the H-1B petition is filed.     

     Travel while H-1B petition is pending           NOT recommended. It creates problems.              What problems? 1. You may not be able to return until H-1B is approved and you get an H-1B visa. 2. If you are able to return, your cap gap may have terminated. 3.  you will have to get an H-1B visa OR apply again for change of status, which exposes you to RFE's just like the original filing.             Travel after H-1B petition is approved             If you travel before your H-1B start date                       You may have to wait outside the USA. Get an H-1B visa stamp. Enter USA no earlier than 10 days before your H-1B start date.               If you travel after your H-1B start date                       You will need to obtain an H-1B visa stamp at the consulate

Nonimmigrant Visas

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Hi I have some questions regarding travelling. I am in first opt which ends on last of September 2022, my f1 visa will expired on the end of the june 2022 and my first year erd validation is till the end of September 2022. Currently I have an employer with intership fulltime. My plan is to visit my country Bangladesh in the middle of july for some family reason . I have valid passport , erd and letter of employment, and I20 for the first year.

My concern question : Shall I have to renew visa before I return to usa ? What are the documents shall I need more for apply the visa ? Shall I have to travel with stem opt ? I don’t apply for h1 b visa this year . Please help me out so that I can take a prefect decision regarding the travelling.

Post your question in of free community calls

https://forums.immigration.com/forums/free-conference-call-for-us-immig…

Could you elaborate a bit…

Could you elaborate a bit more regarding the Note under "STEM OPT" - [Note that the time outside during OPT is counted towards your maximum permitted days of unemployment] Does this mean days spent outside the US while on STEM OPT is attributed to unemployment days (even you are technically employed)?

STEM OPT Time outside the USA

Hmm. This will require some explanation. I will post an entry on my blog this week. Keep an eye out.

Unemployed days

What do you mean when you say. “ Note that the time outside during OPT is counted towards your maximum permitted days of unemployment” even if it it paid time off?

Time outside the USA on OPT

ICE has flip-flopped on this during the COVID times. Start your research here:  https://www.ice.gov/sevis/practical-training

I will briefly lay out the original rule, which was unless the time outside the United States is a part of your routine vacation given by the employer to all employees, your time will be counted as an absentee from work. During the Covid times, ICE allowed people to work remotely. Look at the link above and follow through to see what the current thinking is. I will try to update you when I get a chance.

Travelling on STEM OPT extension to Indiawhile laid off

My last working Date is 9th December 2022. I work as a contractor for a Fintech client through an agency. I'm travelling to India on 7th December. My agency told me that they won't report unemployment when I'm out of US so it does not count towards the unemployment days. And in the mean time we will also try to find another project.

I was wondering if I will face any immigration issues upon arrival back to US. I have 75 days left of unemployment.

Travelling on STEM OPT extension to India while laid off

Not reporting does not take away the problem; it merely hides it. I think traveling is a bad idea under the circumstances.

Traveling after H1B gets picked

Can I travel to Mexico for a 3 days cruise from Florida in May 2023, if my H1B is picked or pending? I am currently on Day 1 CPT at Westcliff University.

Please see this entry on my blog for travel https://www.immigration.com/blogs/f-1-students-travel-during-opt-or-h-1b-process

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Office of International Services

Traveling during your h-1b status.

You can travel abroad during your H-1B status. Your trip may be personal (to visit relatives, for example) or professional (to attend a conference or work with colleagues overseas). These recommendations will help ensure that you have a smooth trip.

What do I do if I am traveling to Canada or Mexico and I have an expired visa stamp?

If your trip will last 30 or fewer days, you may be able to re-enter the United States using the expired visa stamp. This procedure is called Automatic Visa Revalidation. Contact us for more information.

Gather and check your documents

You will need to take the following documents:

• Your passport
• Your I-94 card, which you will turn in when you leave the country. If you have an electronic I-94 instead of a physical I-94 card, you do not need to turn anything in.

We recommend taking the following documents, too:

• A recent letter from your department that confirms your continued employment
• A photocopy of your H-1B Approval Notice (Form I-797)
• A photocopy of your H-1B petition

Check your passport, H-1B Approval Notice (Form I-797), and H-1B visa stamp to ensure that they have not expired. If your passport will expire within six months, we recommend renewing it. If your visa stamp will expire while you are abroad, you will need to visit a U.S. consulate for an interview and get a new H-1B visa stamp to return to the United States.

Request a visitor’s visa, if necessary

If you are traveling to a country other than your home country, you may need a visitor’s visa. You may even need a visa for a transit stop or layover. To find out, visit that country’s embassy website and search for the nearest consulate.

Plan for additional wait times

If you have to get a new visa stamp while you are abroad, the process can take six weeks or more because of security clearances. When you make travel arrangements, you and your department should plan for the possibility of these wait times.

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Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations

ALERT: On Aug. 27, 2024, USCIS updated its  policy guidance regarding when students may be eligible for optional practical training (OPT) for Science, Technology, Engineering, and Mathematics (STEM) fields. The update also clarifies guidance concerning online study, school transfers, the grace period, and study abroad.

ALERT : Although F-1 nonimmigrant students with degrees in science, technology, engineering, or mathematics (STEM) may apply for a  24-month extension  of their post-completion OPT employment authorization, our policies regarding the cap-gap extension remain the same. An F-1 student who is the beneficiary of a cap-subject H-1B petition and request for change of status that is filed on time may have their F-1 status and any current employment authorization extended until the first day of the new fiscal year.

The “cap-gap” period starts when an F-1 student’s status and employment authorization expires and, unless terminated, ends on Oct. 1, the required start date of the H-1B cap-subject petition filed on their behalf if seeking cap-gap authorization.

Cap-gap occurs because an employer may not file, and USCIS may not accept, a cap subject H-1B petition submitted more than six months in advance of the date of actual need for the beneficiary’s services or training. As a result, the earliest date that an employer can file an H-1B cap-subject petition is April 1 for the following fiscal year, which starts Oct, 1. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary’s OPT employment authorization may expire before the H-1B start date.

Current regulations allow certain students with a pending or approved cap-subject H-1B petition to remain in F-1 status during the cap-gap period. This is referred to as filling the "cap-gap," meaning the regulations provide a way of filling the "gap" between the end of F-1 status and the beginning of H-1B status that might otherwise occur were F-1 status not extended for qualifying students.

Cap-subject H-1B petitions that are timely filed for an eligible F-1 student that request a change of status to H-1B on Oct. 1 qualify for a cap-gap extension.

Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the applicable H-1B filing period, which begins April 1 and while the student's authorized F-1 duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period commonly known as the "grace period"). A cap-subject H-1B petition will not be considered to be properly filed unless it is based on a valid, selected registration for the same beneficiary and the appropriate fiscal year, unless the registration requirement is suspended.

Once the petitioner timely files a request to change status to H-1B on Oct. 1, the automatic cap-gap extension will begin. If the student’s H-1B petition is approved (or selected and approved if the registration requirement is suspended), the student’s cap-gap extension of status will continue through Sept. 30. The cap-gap extension of status will automatically terminate if the student’s H-1B petition is denied, withdrawn, revoked, rejected, or is not selected, or if the change of status request is denied or withdrawn even if the H-1B petition is approved for consular processing. The student will have the standard 60-day grace period from the date the extension of status terminated or their program end date, whichever is later, to depart the United States (however, the 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied or revoked due to a status violation, misrepresentation, or fraud).

Students are strongly encouraged to stay in close communication with their petitioning employer during the cap-gap extension period for status updates on the H-1B petition processing.

Please note: F-1 students who have entered the 60-day grace period are not authorized to work. If an H 1B cap-subject petition is properly filed for a student who has entered the 60-day grace period, the student will receive the automatic extension of his or her F-1 status, but will not be authorized to work since the student was not authorized to work at the time H-1B petition was filed.

F-1 students who do not qualify for a cap-gap extension and whose periods of authorized stay expire before Oct. 1 are required to leave the United States. They then need to apply for an H-1B visa at a consular post abroad, if applicable, and seek to be readmitted into the United States in H-1B status for the dates reflected on the approved H-1B petition.

Additionally, the cap-gap provision applies only to beneficiaries of cap-subject H-1B petitions, not to beneficiaries of  cap-exempt H-1B petitions .

The cap-gap extension of OPT is automatic for eligible students. A student does not file an application for the extension or receive a new Employment Authorization Document (EAD) to cover the additional time. The only proof of continued employment authorization currently available to an affected student is an updated Form I-20 showing an extension of OPT, issued to the student by their Designated School Official (DSO). This document serves as proof of continued employment authorization.

If a student chooses to obtain an updated Form I-20, they should provide their DSO with evidence of a timely-filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue an updated Form I-20, showing an extension until June 1.

The student should return to their DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, indicating that the petition was filed and accepted. The Form I-797 must have a valid receipt number. The student’s DSO will issue another updated Form I-20, showing an extension until Oct. 1. In such situations, the student can continue to work while the update to their Form I-20 is being processed. Because the cap-gap extension is automatic, the updated Form I-20 is not required for a student to continue working; it merely serves as proof of the extension of OPT employment authorization.

If an H-1B petition filed for an F-1 student with a cap-gap extension is denied, rejected, revoked, or withdrawn, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, revocation, or withdrawal of the petition) to depart the United States.

The 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to a status violation, misrepresentation, or fraud. In such cases, the F-1 student is ineligible for cap-gap extension of status and the 60-day grace period. Similarly, the 60-day grace period and cap-gap extension of status does not apply to an F-1 student whose petition was revoked based on a finding of a status violation, fraud or misrepresentation discovered following approval. In both of these instances, students are required to immediately leave the United States.

An F-1 student may generally travel abroad and seek readmission to the United States in F-1 status during a cap-gap period if:

• The student’s H-1B petition and request for change of status has been approved;
• The student seeks readmission before their H-1B employment begins (normally at the beginning of the fiscal year on Oct. 1); and
• The student is otherwise admissible.

However, if an F-1 student travels outside the United States while the H-1B petition and the change of status request remain pending the request for change of status will be considered abandoned.

Please note that even if an F-1 student meets all of the requirements listed above, a U.S. Customs and Border Protection (CBP) officer always makes the final determination on whether to admit an applicant for admission after inspection at a port-of-entry. F-1 students may refer to the DHS Study in the States page for a list of the documents needed to confirm eligibility for F-1 status.

F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the  STEM Designated Degree Program List (PDF) , are employed by employers enrolled in and maintain good standing with E-Verify, and who have received an initial grant of post-completion OPT employment authorization related to such a degree, may apply for a 24-month extension of such authorization. F-1 students may obtain additional information about STEM OPT extensions in the  USCIS Policy Manual , on our  Optional Practical Training Extension for STEM Students (STEM OPT) page, or the  STEM OPT Hub .

Students who are eligible for a cap-gap extension of post-completion OPT employment and F-1 status may apply for a STEM OPT extension during the cap-gap extension period.

However, students may not apply for a STEM OPT extension once the cap-gap extension period is terminated (if the H-1B petition is rejected, denied, revoked, or withdrawn) and the student has entered the 60-day grace period.

The law allows you to be unemployed during your OPT period for a limited number of days.

If the student’s OPT end date is shortened to Sept. 30 even though their H-1B employment would not begin until a later date, the student should contact their DSO. The DSO may request a data fix in the Student and Exchange Visitor Information System (SEVIS) by contacting the SEVIS helpdesk.

• Laid off or terminated by the H-1B employer: If the student has been approved to change their status to an H-1B nonimmigrant but is laid off/terminated by the H-1B employer before the date they officially obtain H-1B status, the student can retrieve any unused OPT if they have an unexpired EAD issued for post-completion OPT. The student will remain in F-1 status and can continue their OPT using the unexpired EAD.

The student also needs to make sure that USCIS receives a withdrawal request from the petitioner before the H-1B change of status goes into effect. This will prevent USCIS from changing the student’s status to H-1B. Once the petition has been revoked or withdrawn, the student must provide their DSO with a copy of the USCIS acknowledgement of withdrawal (the notice of revocation). The DSO may then contact the SEVIS helpdesk to request a data fix in SEVIS to prevent the student from being terminated in SEVIS.

If USCIS does not receive the withdrawal request before the date that the student is supposed to change status to an H-1B nonimmigrant, then the student will need to stop working, file Form I-539, Application to Extend/Change Nonimmigrant Status, to request F-1 status, and wait until the change of status request is approved before resuming OPT employment.

The F-1 student can continue working with their approved EAD while the data fix in SEVIS is pending if:

• The (former) H-1B employer withdrew the H-1B petition prior to Oct. 1
• The student finds employment appropriate to their OPT;
• The period of OPT is unexpired (which would indicate that the student was not actually utilizing “cap-gap” since they otherwise had valid OPT authorization); and
• The DSO has requested a data fix in SEVIS.
• The student has not otherwise violated their F-1 status.
• Maintaining valid F-1 status: If the employer withdraws the H-1B petition before the date that the student officially changes to H-1B status, the student generally will remain in F-1 status while the data fix is pending. The student would have the standard 60-day grace period to depart the United States unless the H-1B petition was revoked because of fraud or violation of status.

If the employer withdraws the H-1B petition approval after the date that the student officially changes to H-1B status, the student’s status will have been changed from F-1 to H-1B. The student will no longer be in valid F-1 status and would need to file a Form I-539 if seeking to change back to F-1 status.