Tuesday, April 28, 2009

Reminder: Traveling with Pending H1B Application


Tuesday, April 28, 2009 | , , , , ,

Please avoid traveling out of US if you have recently filed H1B application for FY 2010 and currently waiting for approval. If an applicant is currently in US and has filed H1B FY 2010 for 'change of status', traveling outside US would void one's application.

This is also true for any application filed with USCIS for 'change of status'. In case of emergency, if you have to travel outside country, please ask your lawyer to file an I-907 for premium processing. Request for premium processing can be filed during H1B application or any time after I-797 receipt is received. If for some reason your case is not validated within 15 days, you can even request to expedite the case
as a last resort.

USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

  • Severe financial loss to company or individual
  • Extreme emergent situation
  • Humanitarian situation
  • Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
  • Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
  • USCIS error
  • Compelling interest of USCIS

If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.


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