01/05/09

Can an Employee Travel While an H-1B is Pending?

Yes, if the employee has an unexpired H-1B visa stamp in his or her passport from Company A and is porting to Company B, the employee may travel while the H-1B petition is pending for Company B.

The recommended documents are:
  1. employee's unexpired passport with an unexpired H-1B visa stamp;
  2. employee's original H-1B approval notice from Company A;
  3. a copy of the I-797 receipt showing that an H-1B petition was filed by Company B;
  4. a copy of the employee's I-94 card (to show that Company B’s H-1B petition was timely filed);
  5. a certified copy of the H-1B petition filed by Company B;
  6. a copy of the employee's degree certificate and transcripts; employee's resume;
  7. 2 or 3 of the employee's most recent pay stubs from Company B;