Services for International Students and Scholars (T)530-752-0864 University of California, Davis (F) 530-752-5822 http://siss.ucdavis.edu [email protected]

Travel and Visa Information for H-1B and H-4 Visa Holders*

Documents needed to apply for an H-1B visa, or to show at the airport inspection upon arrival to the US:

 The original H-1B approval notice (be sure to keep the original).  A copy of the H-1B petition (this is picked up at SISS by the scholar or department after the H is approved).  A current letter from the department, confirming that the scholar continues to be employed in H-1B status under the terms for which the H-1B petition was originally filed. An employment confirmation letter from my.ucdavis.edu can also be helpful.  Paystubs for the most recent 3 past months (please check the website at the US Embassy for any details).  Any other items listed on the website of the US Embassy or Consulate abroad.

Documents needed to apply for an H-4 visa (spouses of H-1B visa holders and children under age 21), or to show at the airport upon arrival to the US:

 Copy of the H-1B spouse’s approval notice.  Proof of marriage or proof of parent-child relationship (birth certificate).  A current letter from the department, confirming that the scholar continues to be employed in H-1B status under the terms for which the H-1B petition was originally filed.  Any other items listed on the website of the US Embassy or Consulate abroad.

Note: If an H-1B worker is traveling abroad only temporarily, his or her dependents may remain in the US in H-4 status. However, if the H-1B worker will spend a lengthy time abroad, the H-4 dependents should also leave the United States.

Exception for Travel to Canada or Mexico for 30 Days or Less

An H-1B worker must have a valid H-1B visa to re-enter the United States after a trip abroad (with the exception of Canadian nationals). However, under the "automatic extension of validity at ports-of-entry" provision, an H-1B alien may reenter the U.S. after a trip solely to Canada or Mexico that lasts no more than 30 days, without the need to obtain a new H-1B visa, even if the individual's prior H-1B visa has expired, or the prior visa listed a different status. H-1B travel under this provision is limited to Canada and Mexico only. Nationals of Iran, Syria, Sudan and Cuba cannot request automatic revalidation.

Continued Validity of H Visas after Employer Change Rev. 1/23/2014 If the H-1B worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the US using that visa, provided he or she presents a valid H-1B approval notice for the new employer and other supporting documents upon re-entry to the United States.

Caution: Travel While Change of Status to H-1B is Pending

A nonimmigrant who travels abroad while an application for change of status to H-1B is pending is considered to have abandoned the change of status portion of the petition. Therefore, travel while a change of status is pending should only happen in emergency circumstances. Please consult with an international scholar advisor immediately if a change of status petition is pending or about to be filed and travel is urgent.

If an alien who departed the United States while an application for change to H-1B status was pending re-enters the United States in another nonimmigrant category, he or she is not considered to be in H-1B status even if USCIS subsequently approves the change of status request that was pending at the time of the alien's departure. Instead, the employee would either have to exit the United States with the approval notice, obtain an H-1B visa and then re-enter again in H-1B status, or have the employer file a new Form I-129 requesting a change of status once more. Obviously, it is best to avoid this situation by speaking to an international scholar advisor prior to travel.

Travel While Extension of Stay is Pending

Unlike travel while a change of status application is pending, travel while an extension of stay application is pending is not viewed as an abandonment of the application for extension of stay. However, if the alien departs while the application is pending, when the alien needs to re-enter the US, he or she still needs both a valid H-1B visa (except Canadians) as well as an I-797 Approval Notice that is still valid. If the extension of stay is not approved by the time the alien needs to re-enter, he or she could use his prior approval notice, but only if the period of employment on that notice has not yet expired.

Travel during the 240-day automatic extension of work authorization after the current H-1B period has expired is not allowed. If the alien could not avoid traveling abroad during this period of time, he or she would have to stay abroad while awaiting the H-1B extension approval in order to be able to apply for a new visa or be readmitted to the United States in H-1B status. To expedite approval of a request for extension of H-1B status because of a need to travel, a premium processing request with a fee of $1225 can be filed at USCIS at any time, to receive adjudication within 15 calendar days.

*Please Note: Travel while awaiting a change of status, change of employer, or as a pending immigrant can involve some complex issues. For these travel situations and other questions, please email your international scholar advisor or call 530-752-0864 to make an appointment.

Rev. 1/23/2014