Travel & U.S. Re-entry in H-1B

International Travel Advisory

ISSO continues to advise caution with international travel, as U.S. immigration policies are unpredictable and can rapidly change without notice. If your visa is expired, renewing it could be uncertain and may cause extended delays, potentially affecting your ability to return and continue your studies or work. Unfortunately, ISSO is unable to guarantee your ability to return. At this time, ISSO does not anticipate that domestic travel within the US will be impacted by the new Presidential administration.

Please complete the following steps if you will be traveling internationally:

  • International Scholars + Employees: Before traveling, consult with your supervisor and your campus HR representative about whether you may work and/or be paid while abroad if your re-entry is delayed. Then, secure your visa interview appointment if appropriate. If you have remaining questions after securing your visa appointment AND talking with your supervisor, HR and/or your department, please reach out to your ISSO adviser for guidance.

Re-entering the U.S. from Abroad

We advise entering the United States through San Francisco International Airport. U.S. Customs is familiar with Bay Area institutions and Officers are more apt to call institutions directly if they have questions. This is not a requirement by any means, just a recommendation.

Present the following documents to U.S. Customs and Border Protection upon re-entry:

  1. Passport (valid 6 months past end date listed on Form I-797 Notice of Approval)
  2. Valid visa in H-1B classification (with multiple entry stamp)
  3. Form I-797 Notice of Approval

At the port of entry, your passport will be date stamped and returned to you. Obtain your electronic I-94 form and review the expiration date for accuracy. Sometimes, the U.S. Customs officer will add an additional 10 day grace period to your H-1B expiration date.

A note on electronic devices: 

  • Electronic Device Inspection: CBP may review your devices, including social media. Review ACLU's article for preparation tips.
  • Social Media & Apps: Ensure your online presence reflects compliance with U.S. laws and visa regulations. Evaluate your social media presence to ensure it presents a professional and appropriate representation of yourself to US Customs.

Additional Guidance Regarding Your I-94 Form

When re-entering the U.S. as a nonimmigrant, a Customs and Border Protection (CBP) officer will assign you an electronic Form I-94 upon inspection. The I-94 confirms your U.S. legal entry, your immigration status, and your authorized length of stay. This form confirms that you entered the U.S. legally and is a very important document to check upon each U.S. re-entry.

Confirm that your electronic I-94 contains the correct information: 
  1. Access your I-94 online within 48 hours of U.S. re-entry
  2. Confirm that your I-94 is marked correctly. For example, 
  • Class of Admission should list "H-1"
  • Admit Until Date should match your H-1B end date. Sometimes, USCIS or U.S. Customs will list an end date up to 10 days past your current H-1B end date. This means that as long as you're maintaining your status and your DS-2019 is still valid, you may remain in the U.S. until that date.
  • Confirm your biographical and other data are correct 

IMPORTANT: If your I-94 is not correct, contact your H-1B adviser right away for guidance on correcting your I-94. Additional information can be found on CBP's FAQ Sheet.

Sample view of an H-1B I-94 form

 

Obtaining Your Initial or Renewal Visa

Review the U.S. Embassy or Consulate website where you will apply for your visa for location specific information.

  • You can only obtain an initial visa or renewal visa at a U.S. consulate abroad. Visas are not issued in the U.S.
  • When renewing your visa, anticipate delays, especially if you will be traveling during holiday or peak travel seasons. Security checks can delay visa issuance by several weeks.

U.S. Consulates and embassies will generally require that you:

  1. Submit the DS-160 Nonimmigrant Visa Application (visit our DS-160 tips page for information on completing this form)
  2. Pay the nonimmigrant visa application fee
  3. Make an appointment to interview for the H-1B visa at the nearest U.S. Consulate or Embassy. The consulate will not schedule an appointment for you.
  4. Bring the following documents to your interview:
  • Passport (valid at least 6 months into the future)
  • Form I-797 Notice of Approval
  • Copies of I-129 Application, Labor Condition Application (LCA/ETA 9035) and H-1B Department Letter (emailed to you as a PDF)
  • Updated employment verification letter (Available from UCPath)
  • Most recent UCSF pay statements (last 3 months)
  • Original/certified educational documents, CV and publications
  • J-1 waiver documents, if previously subject to the two-year home residence requirement
  • Visa application confirmation Page
  • Visa application fee payment receipt
  • Some consulates may require a birth certificate copy; check with the specific consulate for confirmation.

NOTE: Canadian citizens do not need to apply for a visa.

Automatic Visa Revalidation

If you will be traveling to Canada, Mexico for less than 30 days, you may be eligible for automatic visa revalidation. This means that you may travel to these countries for less than 30 days and return to the U.S. with an expired visa stamp, provided that you are otherwise admissible. Please confirm your eligibility at the US Customs and Border Patrol Automatice Revalidation website and the US Department of State website before traveling.

You may still need a visa to enter Canada or Mexico. Contact the embassy’s website that you will be traveling to for visa requirements.