Malathi

Hi, I would like to know if I can travel abroad from US when my H1B petition is pending with USCIS. I am currently on J2 Visa with EAD in the USA. My J2 expires on July 19th of 2011. I got waiver for the 2-yr home requirement. And my employer is going to apply for my H1B in a week. I am aware that I can't work in USA from July 20th 2011 to September 30th 2011. So I am planning to go to India during this period. Can I travel abroad when my H1B petition is still pending with USCIS? Do I have any restrictions?

Any help would highly be appreciated!

Thanks in advance!

ian-mstm

Yes, there is no restriction at all on you leaving the US. If your J-2 expires while you're outside the US, you will not be allowed to reenter the US until you have the H-1B in your passport. But you can certainly leave the US at your convenience.

Ian

Malathi

Thanks so much, Ian

I am relieved now. Some of my friends told me that I can't travel abroad when my petition is still pending. Thanks for the answer. I really appreciate it.

Yeah, I will have my H1B stamped or H4 stamped (applying for both, just in case) when I reenter USA.

Thanks again!

meauxna

Do you realize that you will have to interview for the H-1B in India? And that you will have some mandatory Administrative Processing after the interview, that will delay return of your passport?

You won't be getting your H stamping at the border, but at the Consulate.

Malathi

Yes, I understand the H1B stamping process. I have gone for stamping couple times before for J Visa. And I am aware of the delay as well.

Thanks for the reply.