Can I travel when US visa extension is pending?

Can I travel when US visa extension is pending? - World War I domed memorial with columns against overcast sky

I came to the USA with a B1 visa. My visa expired this month and I applied for a visa extension last month. I received mail of Official receipt notice (I 797) that extension is still pending.

While it is still pending, could I travel by airplane? If so, what documents will I need to show to immigration officials?



Best Answer

tl;dr: You can fly within the US and also you are good to travel to Canada and Mexico, for 30 days or less.

Your legal status depends on the I-94 date stamp and not the visa. You can retrieve your I-94 at the Department of Homeland Services. Once your I-94 has expired, if you are still in the US, you are overstaying. Nothing I am saying should be considered endorsing that.

If your I-94 has not expired, then you are legally staying within the United States. This includes flying. If you are overstaying, anecdotal evidence suggests that the TSA and airline agents will only check the validity of your passport and not care about visa stamps. They do not even have any legal basis to require you to show the latest visa stamp, as they are not law enforcement. In an ordinary case you won't meet Customs and Border Protection officials. Some airports do not even have any. Obviously, if your behavior suggests a problem exists, then law enforcement can get involved regardless of whether it's an airport or not, but more easier at an airport and then you can get in trouble.

You can check the official travel site for Re-entering the United States with a Valid I-94 Form and Expired Visa:

Non-immigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J non-immigrants) for thirty days or less

This CBP document gives you more details, but it's the same basic provision. It's also much clearer about what the (for F and J non-immigrants) refers to: only the adjacent islands.




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Can I travel while my extension of status is pending?

Traveling while an extension of status petition is pending. The foreign national must be in the U.S. when the petition for extension is filed with USCIS. Thereafter, travel is permissible with proactive planning.

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)\u2014even if your permitted stay expires while USCIS is considering your application.

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.

What if H-1B extension is pending?

According to the 240-Day Rule, an H-1B holder with extension pending will be allowed to continue working under the following conditions: The H-1B employee still has a valid status while filing an extension petition.



What To Do If You Leave The US While Your I-539 Extension of Stay Application is Still Pending




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