Professionals: Travel Issues for H-1B Employees with Pending H-1B Portability Petitions

International travel, while an H-1B portability petition is pending, can be complicated. The burden is on the individual seeking readmission into the United States to prove that he/she is eligible for readmission.

The following are the documents an individual should carry with him/her when traveling outside the United States while an H-1B portability petition is pending with the USCIS:

1. Valid passport
2. Unexpired H-1B visa, unless visa exempt (i.e. Canadian)
3. Form I-797, Approval Notice for employment with the previous H-1B employer. The Approval Notice validity must not have expired
4. Form I-797, Receipt Notice evidencing the filing of the H-1B portability petition
5. Copy of Form I-94 showing that the H-1B portability petition was filed prior to the H-1B portability petition
6. Recent pay stub from the current employer

It is critical that the individual return to the United States prior to the expiration of the Form I-797, Approval Notice with the former employer or the expiration date of the H-1B visa, whichever expires earlier. Upon readmission, the individual’s Form I-94 will be issued with a validity period to the Form I-797, Approval Notice with the previous employer.