Traveling to US territories with valid H1B status but no visa/stamp in passport

Traveling to US territories with valid H1B status but no visa/stamp in passport - Brown Leather Duffel Bag

After a few years on F-1 status (first, as a PhD student, then on my OPT and STEM OPT), I finally acquired an H1B status through my job a few days ago via change of status (without leaving the country). I would like to travel to a more exotic place than a regular US state and possibly less expensive than Hawaii. However, I know that if I leave the country, I will need to obtain a stamp/visa in the US consulate to come back. And I've heard that for Russian citizens (like myself) this process nowadays takes weeks and months and carries additional risks. Given my limited vacation time, I don't want to do leave the US now. I came up with an idea to go to one of US Territories, e.g. Puerto Rico, however I still don't know if I can do that without the need to obtain H1B visa/stamp in my passport. I've read that I may need my Russian passport to enter Puerto Rico, but have not yet found information about coming back to the mainland US relevant to my case. I even asked an attorney that works for our company this question and they said "Domestic travel" is fine (like if I did not know that) without really explicitly telling me if going to Puerto Rico or other US Territories is fully considered a domestic travel. So, my main question is:

Given my H1B status and Russian citizenship, will I need to obtain a stamp/visa when I return from a US Territory (one of: American Samoa, Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands) to mainland USA? I do have an American driver's license.

I would really appreciate if you could reference a document or a legit website that supports your answer, but of course general immigration knowledge and life experience would be very helpful as well.

I found a couple of similar questions here:

russian-citizensh1b-visaspuerto-ricoguamamerican-samoa


Best Answer

Adding another experience to the above question:

  • Successfully travelled from mainland US (New York) to USVI and back:
  • Entry to USVI needed only a drivers licence (had a Real ID)
  • Exit from USVI was the full immigration experience: a CBP window like you have on arrival into USA from an international flight, except it was in the USVI St Thomas airport
  • Officer asked for "proof of eligibility to be in the US"
  • Handed her my passport with expired H1-B, along with I-797/I-94 which proved approval for visa extension. This was looked at for a few seconds, after which I was let through

Overall a very smooth process, but key takeaways are:

  • Travel from USVI to Mainland US required proof of elibiblity to be in the US
  • Proof of eligibility can be a I-797 notice of action for visa renewal, if the H1-B has expired


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Can I enter US without H1B stamp?

You must have a valid visa stamp in your passport to return to the U.S, unless you are a Canadian citizen or are making a short trip to Canada or Mexico.

Can I travel to Puerto Rico on H1B without stamp?

Puerto Rico is a US territory and you only need a valid stamped US visa if you are directly entering PR through any of its international airports like San Juan.

Can you travel without a visa stamp?

Some People Don't Need a Visa Stamp to Visit the United States. Not everyone requires a visa stamp in their passport to come to the United States. Certain foreign citizens are allowed to enter the U.S. without a visa for a limited period of time.

Can I travel to us with valid H-1B visa?

Once you have obtained your H-1B visa, you are ready to travel to the U.S. When entering in H-1B status for the first time, immigration regulations allow you to enter the U.S.no earlier than 10 days prior to the start date indicated on Form I-797.


HOW TO AVOID H-1B VISA STAMPING



More answers regarding traveling to US territories with valid H1B status but no visa/stamp in passport

Answer 2

The original question has already been answered, however I want to share my experience from this past weekend Feb 27th.

we were 3 adults - 2 with expired H1b stamp but valid 797 and one without F-1 stamp but valid 797 + I20.

  1. There was no checking while flying into St. Thomas.

  2. While coming back there were CBP check points similar to immigration counters when you arrive from outside USA. They looked at our documents (797's and I-20 (with valid travel signatures) to verify our legal status.

  3. Asked us a few questions like where do we live, where did we stay in US VI, how long were we there, where do we work, where does the F-1 person studies and then they let us go to security.

  4. It was fast and easy and one should not have any issues travelling back and forth as long as you are in legal status.

I hope this helps.

Answer 3

Answering my own question. I have successfully traveled MA->Puerto Rico->MA and the only document they checked was my US driver's license. 

An attorney that works with my employer, however, told me to have my I-797 and a few most recent paystubs with me which I did, but again nobody asked me for them. I also carried my Russian passport (?????????????).

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