If I receive an H1B cap year temporary visa, until my company can re-apply for my H1B, will I be able to travel with this document to Europe if I have to ?

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If I receive an H1B cap year temporary visa, until my company can re-apply for my H1B, will I be able to travel with this document to Europe if I have to ?

Asked on April 9, 2013 under Immigration Law, Massachusetts

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I'm not sure I understand your question.  Getting an approved H-1B visa petition is not the same as getting a H-1B visa.  You get the visa on the basis of the approved petition.  The approved petition by itself is not valid for travel.  So, if your employer petitions you for a H-1B visa and the petition is approved, you can start working for the petitioning employer once the petition is valid.  If you travel internationally, you will need to apply for a H-1B visa prior to being able to return to the US in H-1B status to start or continue to work for that employer.


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