As the holiday season approaches, we want to remind our clients who may be traveling internationally in the next 1-3 months to pay extra special attention to your immigration documents so that you avoid being denied re-admission back into the U.S.   Here are some tips. 

Non-Immigrants 

If you are a national of countries whose citizens are subject to Special Registration and you are in the U.S. as a nonimmigrant, or you will be entering the U.S. as a non-immigrant, please read our recent alerts regarding Special Registration posted on our website at www.jackson-hertogs.com.

If you are in nonimmigrant status (such as an H-1B, L-1 or O-1) and are currently maintaining that status with your sponsoring employer, you must have the following items to reenter the U.S.: 

Passport:  Unless you are a Canadian citizen and traveling only to Canada or Mexico, you will need a passport. It is important that your passport be valid at least up to the time that the nonimmigrant visa petition approval expires so that you will be admitted for the duration of the time listed on the approval notice.  Otherwise, you will be admitted only to the date of expiration of your passport, regardless of the date of validity of the underlying petition approval notice.  Should this occur, it is your responsibility to furnish a copy of your latest I-94 card to your employer and to our office immediately, so that we can extend your status, if necessary. 

Visa:    Unless you are a visa-exempt Canadian citizen, you must have a valid, un-expired visa stamp in your passport in the same classification as you are currently holding (i.e., don't use an unexpired F-1 or B-2 visa to return to work as an H-1B).  Please note that Canadian landed immigrants are no longer visa exempt and must obtain a visa to enter the U.S.   See our website under Recent News for details.

Nonimmigrant Visa Petition Approval Notice: If you are in H-1B or L-1 status, you must carry the original approval notice issued by the U.S. Citizenship and Immigration Services or "CIS" (formerly known as the "INS").  If you entered on a blanket L-1 approval, you must carry a copy of the approval notice.

Proof of Employment: Copies of your latest 2 pay stubs from your sponsoring employer, along with an up-to-date employment verification letter confirming your temporary employment.  The information in the verification letter must be consistent with the underlying petition, including job title, job location and salary.

Proof of Relationship:  Marriage certificate and/or birth certificate(s) of any dependent family members who are traveling with you and have a dependent visa (e.g., H-4, L-2).

Dependents' passports: Same as above.

Identification: State driver's license or identification (ID) card with photo showing your current address.

Proof of Address: If you have moved since the filing of the visa petition, be prepared to present a copy of Form AR-11 Notice of Address change, as evidence that you have notified the CIS of any change of address within 10 days of the change.  If you do not have time to change your state photo ID card to your current address, you should have a copy of an AR-11 showing that you complied with the address change notification requirements.  See our website FAQ, Change of Address (AR-11 form), for details.  If you are subject to special registration, then you must use Form AR-11SR to comply with the requirement to notify the CIS of any change in address, employment, or school.

Common Travel Situations

If you have a pending application for change of status, travel causes you to abandon your application or change of status.

If you are in H-1B status and you have a multiple entry, unexpired H-1B visa stamp in your passport and have changed employers, you must have the original approval notice (Form I-797A) for the new employer, as well as all of the other documentation listed above.   Please note that you do not need a visa stamp with the name of your current employer, and that you should be re-admitted to the date of expiration listed on the new employer's H-1B approval notice, provided your passport is valid for at least six months beyond that date.  Check your I-94 carefully upon return and review the memorandum on our website entitled "Travel Checklist", which explains in detail the importance of reviewing your I-94 upon entry into the United States. 

If you are in H-1B status and have a multiple entry, unexpired H-1B visa stamp in your passport, and have changed employers but the "transfer" petition is still pending, you can re-enter the United States utilizing that visa stamp.  However, be sure to show the CBP inspector your I-797C receipt notice for the new petition, as well as the other documentation listed above.  Note that you will be admitted only to the date of expiration of the visa stamp.  When the transfer petition is approved, your new I-94 attached to the H-1B approval notice extends your status.  

If you are an applicant for adjustment of status, you must have a valid passport and either (1) an unexpired, multiple entry H-1B or L-1 visa stamp plus the original I-485 receipt notice(s) or (2) a valid, unexpired Advance Parole travel permission.  The same is true for all family members who are in H or L status. Please note that if the principal beneficiary (H-1B/L-1) enters using an Advance Parole document, all family members must also enter using Advance Parole unless they are H-1B or L-1 nonimmigrants in their own right.  Be sure to review the INS memo, Traveling after Adjustment of Status is Filed on our websit.

*Special Note regarding pending adjustment applicants in O-1 and any other status besides L and H: You cannot reenter the country using an O-1 visa or any other visa and I-797, and must have an Advance Parole travel document

Lawful Permanent Residents

If you are a Lawful Permanent Resident, you must carry your Permanent Resident Card (i.e., "alien registration card" or "green card") along with a valid passport, unless you are Canadian and are traveling only to Canada. If you also have a Reentry Permit, be prepared to present this document. 

If you have not yet received your new or replacement Green Card, make sure you have an unexpired I-551 stamp in your passport that states "Processed for I-551 temporary evidence of lawful admission for permanent residence valid until ______. Employment authorized."   If this stamp is expired and you do not have the Green Card, do NOT travel, even if you have applied for a replacement of lost card or renewed card. You must appear at the CIS office to request a new stamp before departing the U.S. 

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