I am in the United States in H1B classification. My employer has filed an amendment of my H1B petition. Can I travel while my H1B amendment is pending?
28 Jan 2019Answer
Yes. Current USCIS and USCBP policy does permit international travel while an H1B amendment is pending. One should have the appropriate documents (valid visa, valid passport, approved petition, and amended petition receipt notice), and be prepared to explain the situation. Despite this ostensibly permissive U.S. federal policy, prudent advice from immigration counsel would be to avoid travel in this situation until the H1B amendment is approved in order to reduce the chance of a discretionary refusal of admission at the border after a long flight to the United States. (28.Jan.2019)
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