Can I travel Internationally while my H1b petition is pending?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I travel Internationally while my H1b petition is pending?

I just graduated yesterdayMay 12 and my employment starts on June 4. I have I-20 with OPT recommendation and EAD with same start date as June 04. My Employer filed a H1b change of status petition on April 1 and its result is still pending. I know that with consular petition you can travel but mine is change of status type petition. If I leave country on May 19 then will I be able to enter US on May 30th without any complication?

Asked on May 14, 2018 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you travel while the change of status is pending, the travel essentially terminates the change of status portion of the application.  So, what this means is that even if and when the H-1B is approved on the merits, it will most likely be approved for consular processing and not as a change of status, which will mean that you will have to travel internationally again in order to apply for and obtain a visa (H-1B)


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption