H-1B employees may leave the United States and re-enter at any time during their employment, provided they have maintained their immigration status and present the appropriate documents at the Port of Entry.
Documentation for Port of Entry
When re-entering the United States, the employee needs to have the following documents:
- A passport valid at least six months into the future
- Valid H-1B visa, unless otherwise exempt
- Original Form I-797 Notice of Approval for H-1B status
In addition, ISSO recommends that H-1B scholars carry the following when traveling and/or applying for a new visa stamp:
- Copy of Form I-129
- Copy of ETA 9035
- Department letter verifying current UNL employment
- Copy of recent paystub(s)
If the employee's visa has expired, he or she must apply for a new one at a U.S. embassy or consular office outside the United States. The employee does not need to apply for a new visa when re-entering the United States from Canada or Mexico after a trip of 30 days or less, provided they have not applied for a new visa abroad and are not nationals of countries designated as state sponsors of terrorism by the U.S. Department of State and they have retained their I-94 card. The visa is automatically revalidated by immigration officers at the Port of Entry. For the most up to date information regarding automatic visa revalidation please click here. Please contact an ISS Specialist for more information regarding Automatic Visa Revalidation.