An H1B employee traveling outside the U.S. should be certain to have all necessary documents for entry into all countries he or she intends to visit and for re-entry into the U.S. Obtaining or extending H1B status through petitioning USCIS will NOT grant or extend an H1B visa stamp in an alien's passport. If an H1B visa stamp needs to be obtained, it will be necessary for the employee to present a valid passport, the original Form I-797, a copy of the H1B petition, and a letter confirming current employment to a U.S. Consulate or Embassy outside the U.S. All H1B visa stamps must be issued by a U.S. consulate outside the U.S. H1B employees may be eligible for automatic extension of expired visas if returning to the U.S. from the contiguous territories of Canada or Mexico, but NOT the Caribbean countries. Please read further for details.

Travel checklist

(Download a printable checklist)

• Valid passport with valid H-1B1 visa stamp. If visa stamp is no longer valid, then H-1B1 employee must apply for an H-1B1 visa stamp before re-entering the U.S. (Some exceptions apply; please see next page for information regarding automatic extension of visas or speak to an ISSP advisor before traveling.)
• Original top portion and bottom portion of I-797 approval notice
• Photocopy of entire I-797 approval notice (2 copies required if applying for visa stamp).
• 1 photocopy of entire I-129 filed by Emory University (ONLY NECESSARY WHEN APPLYING FOR H-1B1 VISA STAMP)
• Past three months’ payroll deposit advices. ISSP also strongly recommends a notarized statement on departmental letterhead verifying that Emory no longer issues payroll deposit advice statements in paper format, only electronically, and that the printed advice statements are true copies of the electronic statements.
• Letter(s) of support from H-1B1’s department.  You will need one letter to the Customs and Border Protection (CBP) to use upon re-entry to the U.S.  If you will be applying for an H-1B1 visa stamp, you will need a second letter for the U.S. Consulate.  The letter(s) should state the following:
• [Required for both CBP and Consulate letter]: (Name of H-1B1 employee) is currently employed in H-1B1 status in the Department of (Name of department) in the position of (position title) earning an annual salary of (dollar amount).  (Name of H-1B1 employee) is authorized to work in the department until (end date of H-1B1 approval period).
• [Required for both CBP and Consulate letter]: (Name of H-1B1 employee) is traveling to (country name) to (state purpose of trip, i.e. visit family and friends, or attend a conference) and is expected to return to Emory University to resume (his/her) H-1B1 employment on (date).
• [Required only for Consulate letter]: (Name of H-1B1 employee) is performing research, instruction or clinical practice in the field(s) of (state general field(s) of research, instruction, clinical practice, i.e. genetics, molecular biology, history, internal medicine).  The nature and purpose of this research, instruction or clinical practice is to (state the nature and purpose of the research, instruction, or clinical practice responsibilities in terms that a mother could understand, i.e. discover the genetic and/or molecular causes of prostate cancer, or improve on therapeutic treatments of prostate cancer, or instruct students in history, or provide clinical practice on various subspecialty ward of internal medicine.  To the best of our knowledge, this research, instruction, or clinical practice can only be useful to persons researching, teaching, or providing clinical care (state general goal of research, instruction, or clinical practice, i.e. prostate cancer, history, internal medicine) and could not be used for a dual purpose.
• [Required only for Consulate Letter]: Kindly issue (Name of H-1B1 employee) an H-1B1 visa stamp so that (he/she) may return to the U.S. to resume (his/her) research.
• [Required only for CBP letter]: Kindly allow (Name of H-1B1 employee) to re-enter the U.S. in H-1B1 status so that (he/she) may resume (his/her) research.

NOTE: Upon return to the U.S., please return the original top portion of the I-797 approval notice to the ISSP office and provide the original I-94 and passport so that ISSP staff can photocopy the I-94 and the new visa stamp page (if one was obtained during travel outside the U.S.).

H-4 Dependent traveling outside U.S. without H-1B1 Employee

• Valid passport with a valid H-4 visa stamp (if visa stamp is no longer valid, then H-4 dependent must apply for an H-4 visa stamp before re-entering. Some exceptions apply; please see information about automatic extension of validity or speak to an ISSP advisor before traveling.)
• Original top and bottom portion of I-797 approval notice for H-1B1, and original I-797 approval notice for H-4 status if H-4 status was granted while inside the U.S.
• Photocopy of I-797 approval notice of H-1B1 (2 copies required if applying for visa stamp).
• 1 photocopy of entire I-129 filed by Emory University on behalf of the H-1B1 Employee (ONLY NECESSARY WHEN APPLYING FOR H-4 VISA STAMP)
• Letter from department certifying the position title, salary and current employment of the H-1B1 employee, and certifying that the H-1B1 will remain employed until (end date on I-797 approval notice for H-1B1).
• Past three months’ payroll deposit advices.  ISSP also strongly recommends a notarized statement on departmental letterhead verifying that Emory no longer issues payroll deposit advice statements in paper format, only electronically, and that the printed advice statements are true copies of the electronic statements.
• Document certifying relationship to H1B1 (marriage license for spouse/birth certificate for children)

NOTE: Upon return to the U.S., please return the original top portion of the I-797 approval notice for H-1B1 primary to the ISSP office.

Automatic Extension of Validity

Generally, you must present a valid, unexpired H-1B1 visa each time you enter the United States.  If you change status while in the U.S., or if your visa expires, the next time you travel you must obtain a new visa in order to be readmitted.

An exception to this rule exists for H-1B1s who travel for less than 30 days to Canada or Mexico ONLY.  Your visa is considered to be “extended” to the date of reentry, eliminating the need to obtain a new visa at a U.S. consulate before that particular reentry. 

You must meet the following criteria to be eligible for automatic extension of validity at the port of entry:

• Have a current I-797 approval notice
• Be applying for readmission after an absence not exceeding 30 days
• Have traveled ONLY to Canada or Mexico
• Have maintained and intend to resume nonimmigrant status
• Are applying for readmission within the authorized period of initial admission or extension of stay
• Have a valid passport
• Must NOT have applied for a new visa during this particular trip
• Have never had a visa canceled under INA 222(g)
• Is not a citizen or national of a country that has been designated as a “state sponsor of terrorism”

Exit/Re-entry Procedures

When exiting the U.S., you must do the following:

• Surrender all I-94 Departure Record card(s) to an airline official before boarding the international flight to leave the U.S. This can occur at the time you receive your boarding pass for the international flight. If you have not surrendered your I-94 Departure Record card(s) at the ticket counter, then you must surrender them to an airline official at the boarding gate prior to boarding the international flight. You must surrender all I-94 Departure Record cards. This includes not only the original white I-94 Departure Record card, but also all generated I-94 Departure Record cards issued on an I-797 approval notice. Be certain to detach any generated I-94 Departure Record card (right portion) from the Alien’s Permanent Record card (left portion). Both of these cards comprise the original bottom portion of the I-797 approval notice. The Alien’s Permanent Record card belongs to the H-1B1 employee and must not be surrendered. The original top portion of the I-797 approval notice belongs to Emory University and must be returned to the ISSP office upon your return to Emory University.
• As of May 2007, you no longer need to register your departure using the U.S. VISIT kiosks.

When returning to the U.S., you must do the following:

• Complete the I-94 Arrival/Departure Record form that will be provided by an airline official enroute to the U.S. or at a landed port of entry. U.S. Customs and Border Protection will take the arrival portion upon inspection and return to you the I-94 Departure Record Card portion. Be certain to present to the U.S. Customs and Border Protection official your passport with valid H-1B visa stamp, and the original top portion and Alien Permanent Record bottom portion of the I-797 approval notice. Have available to present to U.S. Customs and Boarder Protection official the letter from your department certifying your H-1B employment and payroll advice statements in case there are questions concerning your H-1B1 employment.
• Be certain to look carefully at the I-94 Departure Record card after the inspector has completed the inspections process to insure that they have date stamped the I-94, written H-1B on the I-94 Departure Record card and have written the correct end date on the I-94 Departure Record card that corresponds with the end date on the I-797 approval notice. If the date written on the I-94 Departure Record card does NOT correspond with the end date on the I-797 approval notice, respectfully request to know why and request permission to see someone in secondary inspections to see if this date can be corrected before departing the inspections area. IMPORTANT NOTE: If your passport will expire less than one year from the time you enter the U.S., you will likely be inspected into the country for a period of time less than granted on the I-797 approval notice. U.S. Customs and Border Protection can NOT correct this. It will be important for you to see an ISSP advisor immediately upon return to Emory to discuss what action must be taken to extend your H-1B1 status.

U.S. Consulate Procedures

When applying for an H-1B visa stamp:

• Make an appointment in advance of travel with the appropriate U.S. Consulate abroad to apply for the visa stamp. Go to http://usembassy.state.gov/ to locate the webpage for the U.S. Consulate at which you will apply for the visa stamp and follow their procedures for setting up an appointment. The webpage will also instruct you on what forms to complete, what fees to pay, photograph requirements, etc. when making application for a visa stamp. Be certain to apply for an appointment the first business day upon arrival to the country where you will apply for the visa stamp. Consulates must now verify your H-1B petition approval using the Petition Information Management Service (PIMS). A record of your petition and its approval is sent to the Kentucky Consular Center (KCC) and entered into PIMS. The electronic PIMS record created by KCC is now the only form of evidence used to determine eligibility for an H-1B visa stamp. If for some reason the consulate is unable to located information on your H-1B petition, then the consulate must email the Kentucky Consular Center’s Fraud Prevention Unit, who will then research approval of your petition and, if able to confirm its approval, make the details available through PIMS within two working days. You must still be in possession of the original approval notice and I-129 petition filed as proof that you are entitled to an appointment with the consulate. In addition, security clearance checks may be required depending on your nationality and on your field of work. Security clearance checks can take at least two weeks. You need to apply early to allow enough time for the PIMS verification process and security clearance checks to be completed before the visa stamp will be issued.
• When appearing for the interview, bring with you all the forms, fees, and photographs required. In addition bring all the evidence certifying your eligibility for an H-1B1 visa stamp, including: Original top and bottom portion of the I-797 approval notice; one photocopy of the I-797 approval notice; photocopy of the I-129 petition filed; letter from your department to the U.S. consulate verifying your H-1B employment and description of your work; and copies of payroll advice statements. Remember: Never surrender the original top or bottom left portion of the I-797 approval notice. The only portion of the original I-797 approval notice that should be surrendered is the I-94 Departure Record card, which is surrendered to an airline official before departing the U.S. on the international flight.

If you experience a PIMS clearance delay of one week or more, or security clearance delay exceeding 30 days:

• If the PIMS verification process exceeds two days OR security clearance check takes more than 2 weeks, there is absolutely nothing that can be done to speed up the process or inquire of the delay. If the PIMS delay exceeds one week or the security clearance delay exceeds 30 days, then notify your supervisor at Emory who should then notify the ISSP office. Although there is nothing we can do to speed up the process, ISSP can report the issue to its national organization, which then reports the problem to the Department of State. This reporting will not speed up the processing of the visa stamp, but at least the Department of State will be aware that visa issuance delays may be a problem at a particular consulate and it can then investigate the reason(s) for the delay. You must report to your supervisor which U.S. Consulate you applied at for the visa stamp, the date of your initial visa appointment, and any information regarding that appointment, as well as any other action taken by you or the consulate subsequent to the initial appointment. It is your responsibility to report to your direct supervisor/mentor of your travel plans and any possible delays that may result if a security clearance check takes longer than expected.

If your passport is about to expire or you are traveling using an Advance Parole travel document based on an I-485 adjustment of status petition pending with USCIS, you must see an advisor before traveling. All the above information is being provided to assist you in traveling, but advisement from an international scholar advisor will ensure that you have all the information necessary to travel and return to the U.S. successfully.