Travel Outside US with H1 B

[werustiano83 0]

Good evening, and thanks for your help in advance.

I have an H1B visa and want to get out of the country for the summer. What do I need to do so I don't have problems on my way back? I also have a wife and a daughter that are H4 holders.

[Boiler 43,543]

Make sure the visa is current and in your Passport?

Not sure what your concern is.

[werustiano83 0]

Thank you.

This is my 4th year with this visa.

The first two years, my lawyer told me I had to file something with the US consulate to be able to come back when traveling outside the US. A multiple entries permit or something like that. So I did both years.

Last year I switched jobs and didn't renew such permit. I was planning to do that today, but the USCIS website looks very different and I couldn't find what I was looking for. I called customer support and they told me the same thing you did. It seems that I've been wasting money in the past.

The other thing is that all the visas in my passport are expired, all I have is the I-797.
Will that be enough for me and my H4 holders?

What do you think?

[Boiler 43,543]

So you have EAD and used AP?

[werustiano83 0]

No, I am still under my H1B. The reason I don't have a current stamp in my passport is that I switched employers. All I got was the I797A approval notice in the mail. That's why I don't have a stamp. I don't know what AP means.

[Boiler 43,543]

I would talk with the company Immigration Lawyer, I can not work out from your comments what has been going on. Sounds like you at least need to get another visa at the Consulate.

[jan22 2,898]

No, I am still under my H1B. The reason I don't have a current stamp in my passport is that I switched employers. All I got was the I797A approval notice in the mail. That's why I don't have a stamp. I don't know what AP means.

Is your H1B visa in your passport still valid, i.e., the expiration date has not passed, and your only concern is that it does not have the name of your current employer? If there is still time on the H1B, you can travel with your current visa and the new I-797 that show the name of your current employer without any problems. If the visa has truly expired according to the expiration date, you will likely need to renew the visa before seeking re-entry into the US. You can try to use the old visa, the approved I-797, and an unexpired I-94...but some immigration officers won't accept that, even though they should.

[werustiano83 0]

You're both right, I need a new visa. Thanks for your help. I will start the application right away.

I appreciate this. You guys are great

[werustiano83 0]

Good day to everybody.

I filed my visa at the US consulate in Mexico. It was not working so, I have been stuck here for about a month now. Luckily, it seems that their system is working regularly now and I hope I get it soon. Again thanks for your help.

Nevertheless, I wanted to ask you something. Last May a colleague told me that H1B holders can apply for permanent residency without requiring a sponsor if they have been in the country for 5 years or more. She stated that one of her relatives from India had done such thing. According to the lawyers that have my case that is not true; it is only three years with a three year extension. I am confused, but since I don´t think I will be getting any sponsorship I want to know if that´s possible.

I would appreciate any feedback you guys give me. I will complete five years March next year and want to know if I will be able to apply for the green card.

Thank you very much.

[Boiler 43,543]

It would not be on the basis of time, sounds like it could be a National Interest Waiver?

Can it be done yes, but it is very unusual, something to discuss with your lawyer if your situation fits.

[kzielu 1,147]

Good day to everybody.

I filed my visa at the US consulate in Mexico. It was not working so, I have been stuck here for about a month now. Luckily, it seems that their system is working regularly now and I hope I get it soon. Again thanks for your help.

Nevertheless, I wanted to ask you something. Last May a colleague told me that H1B holders can apply for permanent residency without requiring a sponsor if they have been in the country for 5 years or more. She stated that one of her relatives from India had done such thing. According to the lawyers that have my case that is not true; it is only three years with a three year extension. I am confused, but since I don´t think I will be getting any sponsorship I want to know if that´s possible.

Not true, no green cards that are based on a length of time on any kind of visa. It's myth that for some reason people repeat. You can petition yourself for NIV which Boiler mentioned above, but better read what the requirements are that need to be met (hint - National Interest) - none of them have anything to do with time spent on a work visa.