H-1B visa holders face surprise cancellations; key documents to keep handy before reentering the US

H-1b visa holders need to be aware of the rules while re-entering America from their home countries. At times, their visas could be cancelled, and entry into the US could be denied to them.

Recently, three Indians with H-1B visas were denied admission into the United States at the port of entry.

Generally, for H-1B visa holders, if your trip is within the last 30 or fewer days, you may be able to re-enter the United States using the expired visa stamp. This procedure is called Automatic Visa Revalidation and is available to nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.

Automatic Visa Revalidation is also for nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less.

However, to ensure that you have a smooth entry into the US after staying in your home country, keep all the documents handy. Make sure you carry a recent letter from your department that confirms your continued employment, a photocopy of your H-1B Approval Notice (Form I-797), and a photocopy of your H-1B petition.

Also, check your passport, H-1B Approval Notice (Form I-797), and H-1B visa stamp to make sure they are not expired. If your passport is set to expire in the next six months, it is better to renew it. If your visa stamp expires while you are abroad, you must visit a US consulate for an interview and obtain a new H-1B visa stamp before returning to the United States.

If any of these requirements are not followed, your H-1B visa will most likely be cancelled at the port of entry.

Some additional documents may also be required by a U.S. Customs and Border Protection officer, like the current, original employment offer letter issued and signed by your hiring unit. Printed on the hiring unit’s letterhead, the letter must specify your position title, job duties, and salary.

Immediately after inspection, check the entry stamp in your passport when it is returned to you by an immigration officer. If there is a mistake, for example, if the authorized end date is earlier than the expiration date in your H-1B approval notice, ask the immigration officer to correct it right away.

If you have all the necessary documents and still have your H-1B visa cancelled, some new information about you may have been added to their system. In such a case, 41.122 seal is endorsed on the visa, which means the immigrant’s request is granted permission to withdraw the application for admission. It is ot similar to revocation of visa.

It is also suggested by most universities that, not travel outside the United States if your H-1B extension is pending with USCIS, as complications may arise.

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 by accessing your I-94 online within 48 hours of U.S. re-entry. Confirm that your I-94 is marked correctly. For example, the Class of Admission should list “H-1” and the 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 are maintaining your status and your DS-2019 is still valid, you may remain in the U.S. until that date. Also, confirm that your biographical and other data are correct.

While having a visa does not guarantee entry to the United States, it allows you to travel to a port of entry, airport or land border crossing, and request permission from a Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the United States. This is true while entering the US for the first time or reentering the United States on an H-1B Visa.