Guidelines

Can you stay outside US on H-1B?

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Can you stay outside US on H-1B?

Simple answer is: Yes, H1-B holders can work remotely from a different location, including another country like India. The law permits moving H-1B employees anywhere within “Normal Commuting Distance” of an approved location mentioned within the LCA at the time of filing for the H1-B visa.

How many days H-1B holder can stay out of USA?

There is no limit to the amount of time that you can remain outside the US with your H-1B visa. The same for your spouse. Carl Shusterman (former INS Trial Attorney, 1976-82)…

Do I have to go to my home country for H-1B stamping?

Most visa holders return to their home country to obtain the H1B stamp (it cannot be done in the U.S.), but you can also elect to be processed in Mexico or Canada. If you are transferring your H1B status to a new employer, but still have time left on the stamp in your passport, you do not need a new stamp.

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Can H-1B stamped travel to USA now?

All H1B, H4, L1, L2 , and others visa categories that were part of PP 10052 can now get US Visa Stamping at any consulate and they can enter US. There are no restrictions for stamping or entry to US.

Can I travel while I 539 is pending?

You can legally stay in the US while your I-539 is pending, even if your status is expired, so you can keep your I-539 receipt while traveling in case you run into an interior immigration checkpoint.

Can I go to Canada for H-1B stamping?

Can I have my first H1B visa stamped in Canada? There is an option to have your first H1B visa stamped in Canada. However, they do reserve the right to refuse to stamp visas in the Canadian consulate.

What happens if I overstay my H1B visa?

If you stay beyond that date, you become “unlawfully present,” and the consequences can be severe. After 180 days of unlawful presence, you cannot return to U.S. for three years from the date you finally depart. If you overstay by a year, the ban on returning to the U.S. becomes ten years.

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Can I go to Canada for my H1B stamping?

Can I go to Mexico for H1B stamping?

Mexico: H1B to H4 change of status stamping in Mexico is allowed if you are currently on an H1B visa residing and working in the USA.

Does the US still stamp passports?

The I-94: Proof of Legal Entry into the United States When entering the United States as a nonimmigrant, the Customs Border Protection (CBP) officer examines your passport and visa and then issues either a passport admission stamp or a small white card called the Form I-94.

Can H1B come back to US?

You are required to have a valid H-1B visa in your passport to return to the U.S. from all countries except for brief trips (less than 30 days) to Canada & Mexico (see below).