“Shared by Our Student YG ”
The pandemic made international travel very difficult for a lot of us, especially if you’re an international student far from home. I haven't returned to my home country, Korea for 4 years, and really want to go back and see my family and friends, so I researched thoroughly about international travel and visa stamping after getting selected in the H1B lottery this year. Here’re the top 4 things you should know!
1.If you are lucky enough to be selected for the H1B lottery and have received H1B approval
you can indeed go back to your home country at any time before or after your H1B status becomes effective. However, there are some things to consider:
Make sure your employer is aware of your departure date
Comply with the requirements of USCIS to ensure your H1B status is not affected
Be cautious about not being in the US for an extended period during your H1B period, as it may impact your status
If you stay outside the U.S. for more than 12 months, your H1B visa may expire, and you will need to get it renewed at the embassy
2.Does the H1B countdown pause when you leave the U.S.?
According to the USCIS, if an H1B visa holder leaves the U.S., the validity of the H1B visa will not be paused or extended. In other words, the expiration date on your visa will not change due to your departure from the U.S.
However, if you leave the U.S. during your H1B period due to layoff or resign, you can use the remaining time on your H1B to find a new job and return to work in the U.S. without going through the H1B lottery again.
In summary, as long as you have not used up the full 6 years of your H1B status, you can continue to use it in the future.
The process is similar to an H1B transfer with a new employer. The new employer needs to submit H1B application materials, and it is not subject to the quota limitations, nor is there any restriction on the submission or start date.
Note, if you stay outside the U.S. for more than a year during your H1B status, you have two options:
Use the existing H1B: You don't need to go through the lottery; it's like a regular H1B transfer, and it will be effective immediately after approval
Apply for a new H1B: You will need to reapply for an H1B visa and go through the lottery process again to work in the U.S. in the future
3.Recapturing the time spent outside the U.S. under H1B status:
Is there any possibility of "recapturing" the time spent overseas, meaning the days spent outside the U.S. during the H1B validity period will not be counted towards the maximum 6-year stay in the U.S? The answer is positive, Both personal and business trips of at least one day outside the U.S. can be recaptured.
However, recapture is not automatic! The employer needs to submit an I-129 form to the immigration authorities to apply for the "recapture" of the time spent by the foreign worker outside the U.S. In the I-129 form, this type of application is called "Request for Extension of Stay for a Beneficiary with Respect to a Previously Approved Visa Petition." In addition to the I-129 form,
A form detailing the time spent outside the U.S. must be included
Along with travel documents, emails from travel agencies or airlines, etc
Copies of passport stamps and/or I-94 records
Any time claimed to be spent outside the U.S. without proper documentation will not be counted.
4.What to do if you are laid off during H1B period:
If you get laid off while holding an H1B visa, you need to know what changes will occur to your status.
First, your H1B will become invalid after your employer terminates your job. If you cannot find a new employer to sponsor your visa, you have a 60-day grace period to leave the U.S. In this case, you must adhere to the time limits set by U.S. immigration authorities
Before leaving the U.S., you should consult with your employer and immigration attorney regarding your departure arrangements. If another company is willing to support your H1B, you can still return to the U.S. to continue working
Alternatively, you can consider switching to other visa statuses within the 60-day grace period, such as B or F visas. If you are considering an F visa, studying while looking for a job, you can explore the Day 1 CPT option, which allows you to work full-time from the start of your studies. Click here to learn more!
Interested in Day 1 CPT or having status issues, CPTDog’s consultants can help!
