If you’re an H1B visa holder, you probably already know that your travel options are limited. But what happens when your visa is about to expire? Can you still travel abroad? And what do you need to do to re-enter the U.S. once your visa has expired?

In this article, we’ll explain what you need to know before your next international trip as an H1B visa holder with an expiration date approaching.

Key takeaways:

• H1B visa holders are subject to travel restrictions that limit their travel options.
• Your H1B visa’s expiration date determines when you can no longer legally work in the U.S.
• You may be able to travel outside the U.S. during the 60-day grace period after your visa has expired, but there are risks involved.
• To re-enter the U.S. after your H1B visa has expired, you’ll need to go through the visa renewal process.
• Be sure to plan for the visa renewal process well in advance, as it can take several months.

H1B visa basics:

Before we dive into the specifics of traveling on an expiring H1B visa, it’s important to understand some key terms and requirements.

• The H1B visa is a non-immigrant visa that allows foreign professionals to work in the U.S. for up to six years.
• To be eligible for an H1B visa, you must have a job offer from a U.S. employer in a specialty occupation.
• Your employer must also file a Labor Condition Application (LCA) with the Department of Labor to ensure that your working conditions are in line with U.S. standards.
• While on an H1B visa, you can also travel outside the U.S., but there are limits.

Travel restrictions for H1B visa holders:

As an H1B visa holder, there are several travel restrictions that you need to be aware of.

• You can only travel outside the U.S. for a maximum of six years on an H1B visa.
• If you leave the U.S. for more than 180 days, you may be subject to additional scrutiny when re-entering the U.S.
• You may also be subject to additional scrutiny if you travel to certain countries that are considered high-risk, such as Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen.
• Finally, if your visa is about to expire, you may not be able to travel outside the U.S. at all.

Understanding your visa expiration date:

Your visa’s expiration date is a critical factor in determining your travel options.

• Your H1B visa’s expiration date is printed on your I-797 approval notice.
• This date determines when you can no longer legally work in the U.S.
• However, depending on your employer, you may have a grace period of up to 60 days after your visa has expired to leave the U.S. or file for a change of status.

The 60-day grace period:

If your H1B visa is about to expire, you may be eligible for a 60-day grace period.

• During this time, you can prepare to leave the U.S. or apply for a new visa or change of status.
• However, during the grace period, you cannot work, and you may also face additional restrictions on travel.

Leaving the country during the grace period:

Technically, you can travel outside the U.S. during the 60-day grace period.

• However, there are risks involved, as you may not be able to re-enter the U.S. without a valid visa.
• Additionally, if you remain outside the U.S. for too long, you may be deemed to have abandoned your H1B status.

Returning to the U.S. after the visa expires:

If your H1B visa has expired, you’ll need to go through the visa renewal process to re-enter the U.S.

• This process can take several months, so it’s important to plan ahead.
• Your employer will need to file a new Labor Condition Application to ensure that your working conditions are still in line with U.S. standards.
• You will then need to submit all required documents and attend an interview at a U.S. consulate or embassy in your home country.

Renewing an H1B visa:

If your H1B visa is about to expire, you may be able to renew it.

• Your employer will need to file a new petition on your behalf, which can take several months.
• You can also apply for a new visa while you’re still in the U.S., but you’ll need to ensure that you have valid status during the application process.

Conclusion:

If your H1B visa is about to expire and you’re planning an international trip, there are several important factors to consider.

• Be sure to understand your visa’s expiration date and the potential risks of international travel during the grace period.
• Plan for the visa renewal process well in advance to avoid any delays or complications.
• And always consult with an experienced immigration attorney if you have any questions or concerns.

Useful FAQ:

Q: Can I travel outside the U.S. during the 60-day grace period?

A: Yes, but there are risks involved, and you may not be able to re-enter the U.S. without a valid visa.

Q: How long does the visa renewal process take?

A: The visa renewal process can take several months, so it’s important to plan ahead.

Q: Can I apply for a new visa while I’m still in the U.S.?

A: Yes, you can apply for a new visa while you’re still in the U.S., but you’ll need to ensure that you have valid status during the application process.