Travel from USA to India with an expired H1B visa
I am going to travel to India. I was on H1B visa in the USA and it has now expired. I have a valid Indian passport but the American visa is expired.
If I travel from the USA to India, will I have any problem at the US or Indian airport?
Best Answer
I don't see why the Indian authorities would care about your status in the US, but if they do, explain this (which also explains why you wouldn't have a problem in the US airport):
In the US, a visa is only required as an entry document. Continued stay in the country is not conditioned on the possession of a valid visa.
One official source for this is What the Visa Expiration Date Means on travel.state.gov. The first paragraph:
Sometimes understanding the difference between the visa expiration date and the length of time you have permission to remain in the United States can be confusing. These are very different terms. Also review our “What is a U.S. Visa?” webpage.
I assume you have continued to maintain valid H1B status, in which case you can explain the facts of your employment and so on to anyone who questions it.
Also, the US doesn't have exit immigration controls. They do receive departure information from airlines, but I don't think they would take any action against a departing traveler if they received information indicating an overstay. I suspect they would wait until the next time you tried to enter the country.
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Can I travel on expired H-1B visa?
Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid admission stamp or paper Form I-94, because automatic revalidation applies to limited categories of travelers.Can I travel to India with expired visa?
To put it simply, over staying in India beyond the visa date can lead to fine, an imprisonment of up to 5 years and even banishment from entering the country again. $500 penalty if overstay is for more than a period of 2 years.Can I travel to India during H-1B extension?
You can travel to India while H1B extension is in progress and visa is still valid for re-entry. You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with NEWLY approved H1B extended petition.Can I stay in US with expired H-1B visa?
When one's H-1B status expires, the H-1B worker must either leave the United States, obtain an extension, or apply for a different status. If the worker simply stays in the U.S. past the expiration of the H-1B status, the worker loses legal status in the U.S. and can be removed (deported).Automatic Revalidation Exception To Re-Entering The United States With A Valid I-94 And Expired Visa
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Answer 2
This is not even a problem. I went to india and they dont give a damn about your US visa. You are going back home with an indian passport, thats all matters. This is the same about the rumors floating about travelling through any European country with an expired H1B visa. Nobody checked anything when I went through germany.
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