Key Takeaways
Travelling abroad while your H1B transfer is pending can cause your change of employer petition to be considered abandoned.
You must re-enter with a valid visa and may need a visa stamping appointment.
There are two types of H1B filings: Change of Employer (with Change of Status) and Consular Processing, each has different travel implications.
Always consult an immigration attorney before travelling.
Introduction: The H1B Transfer Dilemma
Imagine this: You’ve just landed a new job and your H1B transfer is pending with USCIS, but there’s a family emergency in India or an important wedding to attend in Hyderabad. The big question is "What happens if I travel abroad while my H1B transfer is pending?"
This situation is more common than you’d think, especially in immigration hubs like California, New Jersey, or Texas where many immigrant tech workers reside. Let’s break it down.
Can You Travel While Your H1B Transfer Is Pending?
Yes, you can travel, but it’s risky, depending on the type of petition filed and your current immigration status.
Understanding the Legal Terms
• H1B Transfer (Change of Employer):
When you move from one employer to another without leaving the U.S., usually filed as a Change of Status.
• Change of Status (COS):
Means your status changes without needing to leave the U.S.
• Consular Processing:
You must leave the U.S. and attend a visa interview abroad to re-enter with the new employer’s H1B.
Also Read: H1B Transfers and Extensions: What You Need to Know
What Happens If You Travel During H1B Change of Status (COS)?
If you travel abroad while your H1B transfer (filed as Change of Status) is pending, USCIS considers your COS request abandoned.
Risks:
• The H1B petition may still be approved, but without a change of status.
• You must then go for visa stamping at a U.S. consulate before re-entering.
Example:
Let’s say Raj, working in New Jersey, switches to a new company and files an H1B transfer (COS). If he travels to Hyderabad during this time, USCIS will cancel the COS request, even if the H1B is later approved.
Also Read: Can I work in the U.S. if my H1B approval is marked for consular processing?
What If Your H1B Transfer Is Filed Under Consular Processing?
If your petition is filed as consular processing, travel does not affect it. But you will need to leave the U.S. anyway to obtain a visa stamp before working for the new employer.
Safer for Travelers:
• No risk of abandonment
• Plan for visa stamping at the U.S. embassy/consulate in your home country
Checklist Before You Travel
| Documents Needed | Notes |
|---|---|
| Valid H1B visa stamp on passport | Must match current or new employer |
| Approval Notice (I-797) | From your current or new employer |
| Valid passport (6+ months remaining) | Mandatory for re-entry |
| Recent pay stubs | Prove employment status |
| Letter from employer | Useful for immigration checks |
| Updated I-94 record | To be retrieved online after re-entry |
Real-Life Scenario: Sneha’s Travel Mistake
Sneha, a UX designer in California, received a job offer, and her new employer filed her H1B transfer with Change of Status. She travelled to India for a cousin’s wedding while her case was pending.
What happened?
• USCIS approved her H1B petition, but revoked the COS.
• She had to schedule a visa interview in Hyderabad to get her new H1B stamp.
• Her return was delayed by 6 weeks due to administrative processing.
Also Read: What is consular processing and when is it required for H1B or Green Card?
FAQs: H1B Travel During Transfer
Q1: Can I return to the U.S. using my old H1B if the new one is not approved yet?
A: Yes, if your old job hasn’t revoked your petition and you still hold a valid visa.
Q2: Will my new petition be denied if I travel?
A: No, but your Change of Status will be automatically considered abandoned.
Q3: Do I need stamping if I re-enter on a new employer’s H1B?
A: Yes, if the COS was abandoned, you need a valid H1B stamp from a U.S. consulate.
Q4: Can I expedite the H1B transfer?
A: Yes, via premium processing (15 calendar days) for faster decision.
Questions to Ask Your Immigration Attorney
• Should I file my transfer as COS or consular processing?
• What happens to my status if I re-enter before approval?
• Can I keep both old and new H1Bs valid?
• How will a visa denial affect my job?
Practical Takeaways
• Don’t travel unless absolutely necessary while a Change of Status is pending.
• If travel is unavoidable, inform your attorney and consider consular processing.
• Always carry supporting documents when returning to the U.S.
• Plan visa appointments early, Hyderabad, Delhi, and Mumbai consulates often have long wait times.
If your H1B transfer is filed as a Change of Status, travelling abroad will automatically abandon that part of the petition. You’ll need to undergo visa stamping to return. If you file under consular processing, travel is allowed, but re-entry depends on your visa appointment. Plan wisely. Speak to your attorney. And always prepare backup documentation.