Expired H1B VISA - Travel to Puerto rico


lookforprashant

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Hello, 

I intend to visit Puerto Rico for vacation. I am on H1B and have a valid I797. I don't have a stamp on passport. 

Many of the forums I read say that I am safe to travel to Puerto Rico. But this is what I read on bp website which is updated Jan 2015. 

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Will travelers from U.S. territories need to present a passport to enter the United States?

U.S. Citizens and Lawful Permanent Residents (LPR's) who travel directly between parts of the United States, which includes Guam, Puerto Rico, U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands (CNMI), without touching at a foreign port or place, are not required to present a valid U.S. Passport or U.S. Green Card. However, it is recommended that travelers bring a government issued photo ID and copy of birth certificate.

Hawaii is a U.S. state and therefore passport documentation requirements for U.S. citizens and LPR's do not apply.

Entry requirements for non-U.S. citizens are the same as for entering the United States from any foreign destination. Upon departure, a passport is required for all but U.S. citizens.

Questions about requirements for domestic travel should be directed to Transportation Security Administration (TSA). TSA can be reached at 1-866-289-9673.

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Does this means from now on we need a valid stamp in passport to enter the US back from Puerto Rico or I can travel withI-797?

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LookforPrashant:

 

Puerto Rico is a U.S. territory, so you do not need a valid visa to go there (as long as you do not transit through another country). However, in my experience, it is relatively common for U.S. Immigration authorities to conduct "spot checks" of people at the airports in Puerto Rico and the U.S.V.I., to look for anyone without valid status (this is presumably because of the proximity of Puerto Rico to the other Caribbean nations, and the relative ease of entering Puerto Rico undetected).

 

In other words, as long as you have valid status in the U.S, you are fine to travel to Puerto Rico, even if your visa has expired (because you are not leaving the United States). You should bring proof of your status just in case - i.e. your I-94 or I-797 approval notice.

 

However, people who are not in valid status should avoid travel to the Caribbean, because of the frequency of immigration "spot checks" (again, not looking for a valid visa, but looking for people who are not in lawful immigration status in the U.S.)

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