Traveling on H-1B or other Temporary Worker Visa

Blog by AdviseHub


Generally, you can travel out of the United States and return as an H-1B, L-1, or family member visa. You need to have a valid passport, and a valid Visa to reenter the United States. The time outside of the US will not count as part of your 6-year total allowed residency time. In addition, it’s a good idea to carry a copy of the I-797 approval form, as well as a letter from your employer, pay stubs and other documents that verify employment.

If your employer is in the process of applying for a Visa extension for you, or your visa is set to expire, try to avoid international travel. If you must travel, consult with a qualified lawyer for guidance.
If you have an approved I-140, but have not yet filed for a Green Card, you can travel and reenter as long as your H-1B is valid. If you are waiting for a submitted I-485 to be approved, you generally cannot leave the United States until it is approved, or you have and Advance Parole. Consult a lawyer if this is required. The USCIS is currently reviewing this policy and may issue new guidelines to make travel easier.

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