Can i travel outside of USA when my H1B is in pending state.

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Can i travel outside of USA when my H1B is in pending state.

Hi Sir,

I am on L1B Visa Valid till Sept-9 2016, I have applied for H1B and it’s picked
in lottery but no approval yet.

In this situation can i travel to Mexico for 2-3 days.

Regards,
Sailes

Asked on July 27, 2016 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes you can travel but if and when the H-1B is approved, it would be approved for consular processing and not for change of status since you had left the US while the change of status was pending.  If you are ok with that then you can go to Mexico.  if you'd prefer not to have to go abroad for consular processing prior to your H-1B becoming effective, then I would suggest not going anywhere outside the US.


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