Employment-Based Visa Travel Document Checklist
- Valid I-797 Approval Notice for Yale University
- Copy of all supporting immigration documents issued to you including the Beneficiary Copy of your petition (forms including the I-129 and the Labor Condition application (H-1B and E-3), along with Support Letter and other petition documents)
- Copy of paystubs from Yale for the most recent three months
- If you were subject to the J-1/J-2 two-year home-residency requirement prior to obtaining H-1B, bring a copy of your Form I-612 Waiver Approval issued by USCIS.
International travel with Employment-Based visa status, commonly H-1B, O-3, E-3, TN, can be complicated. Below are some basic guidelines with which you should be familiar. However, it is recommended that you check with your adviser before you travel if you have any questions about your situation, and review the Travel section on this website.
Please refer to the Arriving in the U.S.: Immigration Inspection page for a full list of all documents.
Passports
All international employees and family members planning to depart from the U.S. and return after a temporary absence must have a valid passport in order to exit the U.S. The passport must also be valid for a minimum of six months into the future at the time of re-entry to the U.S. Some countries have an agreement with the U.S. that automatically extends passport validity for 6 months, for U.S. entry purposes only. Please make sure to review the information in the Passport Expiration section below.
Visas
Except for Canadian citizens, all international employees and family members will also need to have a valid H-1B/H-4 visa stamp in their passport issued by a U.S. embassy or consulate abroad. Visa stamps cannot be obtained or renewed inside the U.S.
I-94 Record
Employment-Based visa status, such as H-1B, holders are given a specific departure date on the I-94 and must depart the U.S. by this date. It is critical that you know and check this date upon every entry to the U.S. Check also an ink entry stamp with an annotation (the visa type and validity date) given in your passport upon entry. If the visa type and/or validity date do not match your H-1B approval notice, you must speak with your OISS adviser. Please also see the Passport Expiration and I-94 Validity sections below.
General Guidance for Traveling and Re-entering the U.S.
Employment-Based Visa Travel Considerations
Change to Employment-Based Visa Status
Employees are advised to not travel outside the U.S. during a pending change of status employment-based visa petition (e.g., those who are changing from an F-1/J-1/Other to H-1B/O-1, etc.), as international travel will complicate your work authorization eligibility/immigration status. If you have an unavoidable reason that requires you to leave the U.S., please consult with your OISS adviser before making your travel plans.
Extension of Employment-Based Visa Status
If you must travel outside the U.S. during the immigration status extension process, you should speak to your OISS adviser as soon as possible before making your travel plans. Because your travel plans may affect your immigration status extension processing timing, you must coordinate closely with your OISS adviser.
- If you plan to return to the U.S. before the expiration of your current approved employment-based visa status and with a valid visa stamp corresponding to your immigration classification (e.g. H-1B, O-1, etc.), there may not be any difficulty.
- However, depending on when the immigration status extension petition is submitted to USCIS, your international travel plans may complicate your currently valid status; therefore it is highly recommended to travel with the extension approval. This may require premium processing.
- If you travel after the extension petition is approved but will return before the currently approved petition expiration date, it is advisable to travel with both the current and new approval notices. If your corresponding visa stamp is valid on your reentry date, you may use it for admission.
- If you plan to leave the U.S. while the extension petition is still pending and your current employment-based visa status is expired, you cannot return to the U.S. until the extension petition is approved. The approval notice must be sent to you abroad. You also have to apply for a new corresponding visa stamp with a consulate or embassy before you can return to the U.S.
- After you have received the new employment-based visa extension approval notice, you may travel outside the U.S. once again. However, while outside the U.S., you will have to obtain a new corresponding visa stamp at a U.S. embassy or consulate. It is normally not possible to obtain visa stamps inside the U.S.
Changing Employment-Based Visa Sponsor/Employer to Yale (Applicable to H-1B Only)
If you have any plans to travel outside the U.S. during the portable H-1B (changing employer) process, you should speak to your OISS adviser as soon as possible.
- If you plan to return to the U.S. before the expiration of your current approved H-1B petition with an old employer and with a valid H-1B visa stamp, there may not be any difficulty. However, if your return date to the U.S. is after your start date with Yale, you may have difficulty at a port of entry.
- Depending on when the portable petition is submitted to USCIS, your international travel plan may complicate your H-1B status with Yale; therefore it is highly recommended to travel with the portable H-1B approval. This may require premium processing.
- If you travel after the portable petition is approved and after your start date at Yale, you must travel with the new approval notice for the Yale appointment. If your H-1B visa stamp is valid on your reentry date, you may use it for admission, even if the visa stamp may have your old employer's name on it; however, make sure to present your Yale H-1B approval notice upon entry to obtain the correct H-1B status validity on your I-94. Check your I-94 validity and an ink entry stamp given in your passport as soon as possible upon your entry.
- If you plan to leave the U.S. while the portable petition is still pending and your current H-1B petition with the old employer is expired, you cannot return to the U.S. until the portable petition is approved. The approval notice must be sent to you abroad. You will also have to apply for a new H-1B visa stamp with a consulate or embassy before you can return to the U.S.
- After you have received the portable H-1B approval notice, you may travel outside the U.S. once again. However, while outside the U.S., you will have to obtain a new H-1B visa stamp at a U.S. embassy or consulate. It is normally not possible to obtain visa stamps inside the U.S. and the only exception to this is the limited pilot program that the Department of State is running for the renewal of certain H-1B visas. You can find more information about this limited program on this page.
Passport Expiration
If you or your dependents in a derivative visa status (e.g., H-4, O-3, etc.) travel with a passport that will expire before the end date of your employment-based visa petition approval, CBP may admit you to the U.S. only until the passport expiration date. As a result, your I-94 and authorized stay in the U.S. may end earlier than the petition approval end date listed on your Form I-797 approval notice. In such cases, you will be required to renew your passport and may need to depart and reenter the U.S. to obtain an I-94 that reflects the full duration of your petition approval.
If you are in an employment-based nonimmigrant status (e.g., H-1B, O-1, E-3, TN, etc.) and cannot travel due to an issue that prevents you from reentering the U.S., Yale may be required to file an extension petition with USCIS on your behalf. Please be aware of required petition processing timelines and notify OISS of the situation in a timely manner. Dependents in derivative status who do not travel may need to file an extension of their immigration status.
It is your responsibility to communicate any status issues to your designated OISS adviser.
I-94 Validity
Please pay close attention to your and your dependents’ most recent I-94 records to avoid unintentionally losing your immigration status and work authorization.
At the discretion of the immigration officer, some employment-based visa holders may be granted a 10-day grace period on their I-94. This grace period is outside the approved petition period and does not authorize employment in the U.S. Do not confuse this with a difference between your petition validity date and your I-94 expiration date. Please consult your OISS adviser if you have any questions or concerns regarding your status.
