International Travel

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding travel to and from the U.S.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

[gourabm]

We are on H1-B Visa currently valid till August-2018. Planning to visit India in May , while going to India i have a planned stopover at Dubai for tourism purpose for 2-3 days only . After that I would come back to USA in May-End and my family (wife + kid) will come back in June End. My question is - will it be a good time to visit India considering all the Ban thing going on. Moreover, will it be a good idea to visit Dubai during the visit ? as that might affect while I am entering US back ?

[Deepu]

I plan to travel to India next week and come back in Mar. My H1 expires in Apr, about a month after I arrive. I am on my sixth year with an approved I140 and plan to apply for extension when I come back. Will I have any issues at POE due to the current administrations take on immigrants, especially since I am on my 6th year and have very little time left on my visa.

[Attorney_22]

On 2/9/2017 at 4:33 PM, gourabm said:

We are on H1-B Visa currently valid till August-2018. Planning to visit India in May , while going to India i have a planned stopover at Dubai for tourism purpose for 2-3 days only . After that I would come back to USA in May-End and my family (wife + kid) will come back in June End. My question is - will it be a good time to visit India considering all the Ban thing going on. Moreover, will it be a good idea to visit Dubai during the visit ? as that might affect while I am entering US back ?

Continue to monitor changes to policies and executive orders regarding travel (Murthy Bulletin), but at this time, as long as you are traveling pursuant to an Indian passport and in valid H1B status with a valid H1B visa, you should not have any serious issues. 

[Attorney_22]

On 2/10/2017 at 0:14 PM, Deepu said:

I plan to travel to India next week and come back in Mar. My H1 expires in Apr, about a month after I arrive. I am on my sixth year with an approved I140 and plan to apply for extension when I come back. Will I have any issues at POE due to the current administrations take on immigrants, especially since I am on my 6th year and have very little time left on my visa.

Similar to the prior question, you should not have any issues even though your H1B expires in a month after entry. Be sure to bring evidence of your current valid employment. 

[uma123]

I am planning to travel to India next month. I recently changed my client and client location is in the same MSA and hence H1B amendment was not filed. Between, I work on EVC model

If I go for stamping now, will there be an issue since H1B petition will not contain the new client details. Please advise.

[Attorney_22]

On 2/14/2017 at 10:07 AM, uma123 said:

I am planning to travel to India next month. I recently changed my client and client location is in the same MSA and hence H1B amendment was not filed. Between, I work on EVC model

If I go for stamping now, will there be an issue since H1B petition will not contain the new client details. Please advise.

The conservative approach is to file an amendment when there is a client change, even in the same MSA. However, there is an argument to be made that a posting is all that is required. Because of this gray area it is advisable to schedule a call with one of our attorneys to discuss the details. 

[SRD7]

Hi,

I am an Indian citizen living in US for about 13 years. My current visa is H1B and visa valid til Dec 2018. I'm planning to travel to Europe(Scandinavian Countries) for a week.

My tickets are booked for 17 Feb -26 Feb. I hear president is planning to sign another EO? Do you anticipate any issues at POC?

I really appreciate your advise.

Thanks

[Mohanvivek]

Hi

I'm currently in F1 OPT which expires on 2/28/17. I just got a non-profit H1B from my employer. I'm planning to travel to India and will need a visa stamp for return.  Due to the prevailing situation, I'm thinking if I can go to India  now or should I postpone my trip?  Has anything changed in terms of visa stamping or entry to US for Indians especially? Thanks

[Attorney_22]

On 2/16/2017 at 11:03 AM, SRD7 said:

Hi,

I am an Indian citizen living in US for about 13 years. My current visa is H1B and visa valid til Dec 2018. I'm planning to travel to Europe(Scandinavian Countries) for a week.

My tickets are booked for 17 Feb -26 Feb. I hear president is planning to sign another EO? Do you anticipate any issues at POC?

I really appreciate your advise.

Thanks

From what we have heard thus far, it is unlikely the EO will affect individuals traveling to Europe pursuant to an Indian passport. 

[Attorney_22]

On 2/16/2017 at 4:30 PM, Mohanvivek said:

Hi

I'm currently in F1 OPT which expires on 2/28/17. I just got a non-profit H1B from my employer. I'm planning to travel to India and will need a visa stamp for return.  Due to the prevailing situation, I'm thinking if I can go to India  now or should I postpone my trip?  Has anything changed in terms of visa stamping or entry to US for Indians especially? Thanks

There is nothing expected in the EO at this time that will affect international travel for those utilizing an Indian passport. 

[lite_lo]

Hi,

I am an Indian Citizen, currently on EAD/Advanced Parole based on pending I-485. I am planning to travel to India for 3 weeks in March. Based on the new guidelines from Homeland Security implementing the EO, do you foresee any issues in entering US on Advanced Parole INA 212(d)(5)(A) ? It seems like they are saying that parole will be granted only for "urgent humanitarian reasons or significant public benefit". Does having Advanced Parole immune me from this verbiage? I am contemplating cancelling the whole trip with my family and can cost me a lot of money and heartache :(

thanks for your reply!

[pontevecchio]

There are NO new guidelines affecting either Indian Citizens or those on AP. It used to be the case that a few years back one needed an urgent reason for AP. It is no longer necessary to have a reason, any reason for applying for and using AP. Enjoy your trip and do not let failed businessmen interfere with the even tenor of your life.

[Nikk07]

Hello,

 

I am living in USA since 2004 and came to USA as student on F1 visa.

Then worked on H1B and applied for Green Card under EB2 India, priority date March 2010.

 

I don’t have H1B now and been working on EAD since 2013 and did travel outside USA on Advance Parole.

Are there any travel restrictions on traveling outside USA using Advance Parole?

 

If there are any restrictions what are my options ?

[pontevecchio]

There are no travel restrictions in using AP.

[RVK]

A Recent DHS Memo (dated 2/21/17) talks about about Advance Parole being given sparingly, on a case by case basis and only in case of a urgent humanitarian need or significant public benefit. I wanted to know if this will impact someone with pending employment based I-485 and a recently approved Advance Parole planning to travel abroad and returning on Parole, assuming there are no other criminal history or other derogatory issues at play. 

Would Appreciate if an attorney can weigh in. Thankful to senior members for their responses as well.

[lite_lo]

Has anyone entered US on AP without any issues after 22nd Feb? Please post!!

[RaviRaj1]

Hi, I'm on H1B and I have a valid visa stamped until mar 2018 which is when my 6 years complete. I work for one of the Indian companies (Infy/Wipro/TCS etc). I plan on traveling to India for a vacation in May and my wife will probably leave early and return with me. 

As of this moment, I have not seen anyone having major troubles at the Port of Entry. So is there any reason to rethink or be worried about our travel plans?

Additionally - if I do get deported/denied entry at the port of entry, what are my options with regards to my stuff in the US (like house lease/car etc)

[lalitha2628]

Hi, I am on H4 visa and have EAD through my husband's I-140. I am here in the United States for the past 10 years. I was on H4 visa for 8 years and now started working on H4 EAD after its approval from Oct-2015.

My H4 visa expires in September 2017 and my husband's employer is filling his H1 and my H4 visa. I am working for a Health care company in Michigan.

Me and my daughter(who is also in H4 visa) are travelling to India during the last week of March and returning on the first week of April 2017. Are there any risks in travelling and thereby returning back.

My mother-in-law is not well and we wanted to visit her. My husband is not visiting due to his H1B status. Kindly help.

Lalitha

[loy]

Hi I am on GC for over10 years and an Indian Citizen. I plan to travel to Cambodia and Philippines in April.  Should I be worried about traveling internationally?  My port of entry is SFO.  Have you heard of any instances with GC holders from India having any issues entering, or if were hassled unnecessarily at the port of entry?  thanks

[pontevecchio]

@loy, There is no issue with travel as far as you are concerned. But one more reason to become a citizen--To avoid the unnecessary fear factor.

[KPM]

Hi, I  am on L1 B in Company X (valid till Feb 2018) and my company is not willing to sponsor H1 B and  I am  applying for H1 B Visa  with COS in April 2017 from other company Y. In meantime i have plans to travel India in May 2017 on occasion of my sister's wedding. Is it safe to travel while H1 B application is in process? Can you please suggest.

Best Regards

 

[pontevecchio]

@ kpm,

The only thing to bear in mind is that if you travel before the H1 petition with COS from L1 is approved the H1 petition will be approved on merits and not the COS. In this case you will need a H1 visa at the appropriate time.

[KPM]

Thank you very much @pontevecchio
I have couple of more questions
1) If my H1B gets approved when i am in India. Can i travel back to US on L1B? Do i need to file for COS separately after coming back to US?
2) If my H1B gets approved after coming back to US.    Is original H1B application with COS will be valid? or Do i still need to file for COS separately?

Best Regards

[pontevecchio]

1. You remain in L1 status and hence you can come back to resume your L1 job.

2. If you are not present in the country at the moment of approval of the H1 petition with COS, the petition will be approved without the H1 automatically kicking in from October,1. COS means a new H1 petition with COS from your existing status.