Traveling by plane within the US while waiting for H1B approval notice
 

I am a UK citizen who has been working in the US on an H1B visa for a year. My employer is in the process of renewing my H1B visa – the original has now expired. I have the receipt notice but I understand the approval notice takes about 3 months to process so it is not likely to be ready until November 2008. I also have applied for adjustment of status as I am married to a US citizen and have the receipt notice for this as well. So legally I am entitled to be in the US, however, my only ID for traveling by plane is my UK passport and the I94 has September 10th 2008 stamped on it. I will travel with my H1B receipt notice/ old approval notice plus my adjustment of status receipt notice. I am assuming that I will not have any problems traveling – please advise. Thanks in advance.

Re: Traveling by plane within the US while waiting for H1B approval notice
 

Do you not have a state driver's license? For flights within the US, no one cares about your immigration status.

Ian

Re: Traveling by plane within the US while waiting for H1B approval notice
 

I agree. I thought most states required residents to get a license after 30 days and the OP has been here a year. You'd think the OP would have a state issued license by now. OP, why don't you look into the procedure to get a driver's license and see if it's possible for you to get yours before your flight. Then you'll not have any concerns.

Re: Traveling by plane within the US while waiting for H1B approval notice
 

Maybe the OP doesn't drive? My alien DH doesn't drive, and hasn't gotten a state drivers license the entire 4.5 years he's been here.

However, he did get a State photo ID so he can have local ID, much better than carrying his passport around. The OP can at least get a State ID, even if she doesn't need a driver's license.

Rene

Re: Traveling by plane within the US while waiting for H1B approval notice
 

I don't think the OP can get a drivers license with an expired I-94.

Re: Traveling by plane within the US while waiting for H1B approval notice
 

Technically, I believe that anyone who is not a citizen is supposed to carry proof of legal status with them at all times. I have heard cases of non-citizens who got into trouble attempting to fly on domestic flights with just their state issued drivers licences, because they were not carrying proof of lawful presence with them. This is probably not a common occurrence but the OP is probably right to want to be on the safe side. I would think that carrying the I-94 plus receipt notice for H1 renewal would cover them. As a side note, if one is adjusting status but last entered the country in H1 status, I believe one is continues to have that status even if you also have a pending AOS case.

Re: Traveling by plane within the US while waiting for H1B approval notice
 

As part of filing the AOS, the OP could have sent off for the I-765. Then the OP wouldn't need to worry about renewing the H1, as their status would be dependent on the marriage-based AOS package. Once the OP has the I-765, they should, in the majority of states I've seen, be able to get a driver's license, and at the very least a state issued id. Though I guess this doesn't help the OP, if the flight is coming up soon.

When my OH flew while his AOS was pending, he was never asked for proof of legal presence. I thought only federal ICE agents had the legal right to ask you proof of your legal presence in the US, not some check-in agent.

Re: Traveling by plane within the US while waiting for H1B approval notice
 

Any law enforcement officer can ask you for proof of legal presence. If you are travelling by air the TSA agents can ask to see your immigration documents if they realize you are a foreigner. Again, this probably doesn't happen very often but it would suck to be the person it happens to.

Re: Traveling by plane within the US while waiting for H1B approval notice
 

I know someone in the USA who has a pending asylum case, and he is unable to get any official ID. He doesn't even have a passport. Every time he flies (and he has to fly to another city each time for court hearings), he has to get a special boarding pass from the main ticket counter, and they flag him for security inspections every time. It's a pain.

Rene

Re: Traveling by plane within the US while waiting for H1B approval notice
 

You imply that police officers are allowed to randomly ask people/immigrants on the street for their status . This is definitely not the case. As I understand it, if you are brought for questioning, you can be asked then.

http://www.ice.gov/pi/news/factsheet...7gprogover.htm

Police cannot randomly ask for a person's immigration status or conduct immigration raids.

Now granted, this is probably not the best resource I could have quoted, but it was the best I could find in a short search. I don't know what powers are extended to TSA, but as far as I ever read, only a federal agent could ask for proof of your status (or a police officer that had the ICE training). Though I'm sure there could be some ambigous wording in the Patriot Act that could give certain powers to TSA.

But I won't go any further on the topic, as it really isn't any help to the OP. Though it would be interesting to find a resource that specifies the powers of police officers with regards to immigration.

Re: Traveling by plane within the US while waiting for H1B approval notice
 

Hi:

Your assumption sounds pretty good to me.

Re: Traveling by plane within the US while waiting for H1B approval notice
 

Hi, Personal experience is all I can offer, but I never had any problem flying internally in the US with my 797 receipt notice letter re my 485 like you say you are going to, when I was in the AOS stage.