Travel to India after H1B expiration
I am relocating back to India from USA. My H1B expired on 5th April, 2021 and with recapture days my last working day in US was 11th April. I am planning to travel on 17th April.
Will there be any concerns as I am traveling post my H1B expiration? Also any issues while taking off from USA or on entry in India?
Please advice.
Best Answer
US doesn't have exit controls on their borders, so it's not a problem leaving the US even if you're out of status in America.
The best course of action for most folks in such a scenario is to file a I-539 change of status before their status expires to transition from H1-B into B1/B2 visitor status.
Another potential issue is if you transit through a third country which may require a valid visa for the country that you started your journey from. This is definitely not needed for transiting through the EU or the Middle East but you should check if the transit requirements if they apply in your case.
You've said that you're flying direct from USA to India (with a possible hop within the US), there is no issue with regards to a transit here. Furthermore when you arrive in India, they have no idea what your status was in the USA or when it expired, plenty of people return back with expired visa stamps but valid I-797s for visa stamping and from the Indian customs side your case is indistinguishable from those. That said, it really doesn't matter, overstaying in a foreign country doesn't impact your ability to enter India as an Indian citizen with a Indian passport.
You will need to declare this overstay in future visa applications both to the USA and to any other country which might ask this question, whether 1 week of overstay will matter in future visa issuals or not I can't say.
Pictures about "Travel to India after H1B expiration"
Can I travel to India when H-1B extension is in process?
H1B Extension is Pending USCIS Decision 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 on expired H-1B visa?
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. \xa7 41.112(d)).How many days can I stay after H-1B expires?
60-Day Maximum Grace Period The new rule provides that you're still in lawful status, in other words permitted to remain in the U.S., for up to 60 days between jobs.What to do after H-1B expires?
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).Why is it So Hard to Move Back to India After H1B in USA? (Hindi, English CC)
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Pixabay, Artem Beliaikin, Storishh, Shafi_fotumcatcher