H-1B visa regime has been under intense scrutiny in recent months under President Donald Trump’s second administration. Indian professionals, who form a significant share of H-1B visa holders, are finding it increasingly difficult to keep pace with the steady stream of policies. From talk of a staggering $100,000 application fee to increased social media vetting, every few days seem to bring a new restriction and for many, a new fear.
A new warning gains traction
The latest concern gaining traction online relates to international travel during an H-1B extension or change-of-status process. Several visa holders have shared that they were under the assumption that any proposed $100,000 fee would not apply to those already inside the US filing for extensions or COS.
However, conversations with HR and immigration teams appear to be challenging that belief. According to these accounts, traveling outside the US while an extension petition is filed or pending with USCIS can fundamentally alter how the case is processed, regardless of whether the individual holds a valid I-797 approval notice or an unexpired visa stamp.
According to this warning spreading on social media, the key issue lies in how USCIS treats the petition once the applicant exits the country. If an H-1B holder leaves the U.S. after the extension is received by USCIS or while it is still under adjudication, the case may be converted from an in-country extension with automatic I-94 extension to a consular processing case. This shift could trigger the application of the new, significantly higher fee.
Immigration attorney answers
Immigration attorney Gnanamookan Senthurjothi, co-founder of Visa Code, told Financialexpress.com that travel outside the U.S. during an H-1B extension process does not automatically convert a case to consular processing, but it can happen depending on when the travel occurs and how USCIS ultimately adjudicates the petition.
If an employee departs the US before USCIS issues a receipt notice for a timely filed extension, the agency may determine that the applicant is no longer eligible for an in-country extension of stay. In such situations, USCIS can approve the petition only for consular processing, a shift that could potentially trigger the proposed $100,000 fee.
Crucially, remaining in the US only until the extension is receipted is not sufficient to fully mitigate this risk. Immigration counsel emphasize that the safest course is to stay in the country until the extension is formally approved and a new I-94 is issued. Travel at any point before approval even after receipt leaves open the possibility that USCIS will not grant an automatic extension of stay, again pushing the case into consular processing territory.
Travel to Canada or Mexico under Automatic Visa Revalidation (AVR), often viewed as a low-risk option by H-1B holders with expired visa stamps, is also drawing renewed caution. At the AILA Winter Conference in January 2025, Senthurjothi flagged AVR travel during a pending H-1B extension as particularly risky in the current enforcement climate. While AVR remains legally valid, practitioners are increasingly advising clients to avoid it altogether when an extension is pending, given the potential downstream consequences.
For employers and employees trying to minimise exposure to the proposed $100,000 fee when travel is unavoidable, attorneys recommend filing H-1B extensions well in advance of the current petition’s expiration and ensuring the approval, with an updated I-94 is secured early. This buffer allows necessary international travel to take place after status has been fully extended, reducing the likelihood that the petition will be treated as a consular case and helping avoid unexpected financial and procedural fallout.