H-1B Visa Rules: H-1B visa holders should keep some things in mind. Indians may face problems if they stay outside the US for more than 60 days. It is possible that the doors in the US may be closed for such people forever. Let’s understand what is the problem.
New Delhi/Washington: The problems of Indians living in the US are increasing. The biggest tension is regarding the H-1B visa. According to some recent news, three H-1B visa holders were not allowed to re-enter the US after returning from India. They had gone to India for two months. This news has spread fear and confusion among the people living in the US on H-1B visa. This incident has raised some questions. Are there any travel restrictions on holders of this visa category? Do these restrictions prevent them from returning to the country quickly? Let’s understand.
What was that post, which has created a ruckus in America
It was written in a post on social media, just now, three H1B holders messaged me from Abu Dhabi airport. They were denied entry and their H1B visas were canceled. They had stayed in India for more than 60 days – one for 2 months 27 days and the rest for more than 3 months. At present, no official information has been given by the US government about this incident.
What is H-1B visa, who is given it
H-1B visa is a special type of visa. It is given to those who are very skilled and work in American companies. According to the official website of US Citizenship and Immigration Services, this non-immigrant category applies to those who want to provide services in a particular business. Department of Defense associates wish to render services of exceptional merit and ability related to research and development projects, or to render services in the form of distinguished merit or ability.
How many years is the H-1B visa valid for?
An H-1B visa is not a guarantee of staying in the US forever. It is usually valid for three years. It can be extended up to six years. This visa is not a guarantee of anything. In such a situation, be cautious yourself and keep knowing the rules.
Is there any travel limit on H-1B visa holders?
According to government rules, there is no rule that prevents H-1B visa holders from staying outside the country for more than 60 days. But, it is true that US border officials have the right to decide whether a person still meets the requirements of his visa. Even if the visa is still valid, they can decide that the person is no longer eligible.
What to do if you stay out for more than 60 days
For this, H-1B visa holders have to prove that they are still working in the US-based company. They have to show that they have not left their job and have not been fired. This is more important at airports where pre-screening is already done. At such airports, officials can stop a person from boarding the plane if their visa is no longer considered valid.
What to do if you face such a problem
- Keep working for your company.
- Be prepared to prove to the immigration services that you are still working.
- For this, you can show your recent salary slip.
- Be prepared to answer the questions of immigration officials. They may ask you why you stayed out for so long.
- Carry your I-797 approval notice with you while traveling. This will prove that you are still working.
- Carry a detailed employment verification letter from your company.
- Carry documents issued by a lawyer that prove your situation is legal and why you are working remotely.
What should you not do on a 60-day trip?
Do not stay abroad for more than 60 days without any valid documents. You must have documents to prove that you are still working, such as payment slips.
Avoid stopping at airports where pre-screening is done (such as Abu Dhabi, Dublin, Toronto). This will reduce the chances of you being checked by immigration officials.
Carry supporting documents such as I-797 approval forms, tax records and legal affidavits. Also, carry an employment letter from your company.
Be sure to understand this while on the go
It is important to carry documents while traveling after being away for a long time. But, it all depends on how well you are able to convince the authorities that you are still contributing to the US-based company.
