Traveling from US (and back) on H1-B visa with new I-797 approval notice (not stamped on passport)
I am planning to travel to Mexico from US in January, 2019. I have an unexpired H1-B visa stamped on my passport from my previous employer. I have the new I-797 from my current employer. But it’s not stamped on my passport. (Both passport and visa stamp are going to be valid during the duration of the travel. And the travel duration is under a week)
I have a couple of questions was hoping you could help clarify
Am I legally allowed to travel and re-enter the US given my current visa situation? If yes, what documents would I need to present to the CBP officer upon re-entry?
Appreciate your response!
Best Answer
If the visa is not expired and you are still authorized to work, you can leave and re-enter the US with your existing visa to return to work.
If the visa expires, you may remain in the US as long as you are in status, but if you leave the US you must return to your home country to obtain a new visa before returning to the US (except for short trips to Canada and Mexico under automatic revalidation).
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Can I travel with I-797 approval notice?
Can I Travel With I-797 Notice of Action? Yes, your I-797F allows you to travel to the U.S. if you are overseas. USCIS will send the form to your overseas address so that you may travel (back) to the United States.Can I travel with my approval notice?
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.Can I travel after h1 approval?
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.Can I travel without H-1B stamp?
You are required to have a valid H-1B visa in your passport to return to the U.S. from all countries except for brief trips (less than 30 days) to Canada & Mexico (see below).H1B VISA STAMPING CANADA. Kumar Exclusive
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Answer 2
Yes, Legally you can leave the US and re-enter on unexpired visa with old employer. CBP may ask you to show more documents.
Generally below documents help answer questions for immigration@CBP:
- Old & new i-797
- Employment letter from the new employer
- Latest pay stubs from new employer
- Bank statements for salary deposits from the new employer
NOTE: Though, its legally allowed to leave and re-enter on VISA that was on old employer, attorneys suggest to travel with Visa on new employer, based on my experience few years back.
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