H1B visa valid until Sept but outside US, can I get my 3 year extension if I fly back to US before then

Hi,

I flew home to Ireland before the travel ban in March, I have been working remotely since then.

I have an H1B visa which valid and is due for a 3-year extension on Sept 16th this year, but work has not initiated it for me yet.

As I am currently outside the US I don’t know how the ban will affect me.

I plan to fly back to the US before Sept 16th, as soon as the travel ban lifts otherwise I am looking into flying to Turkey for 14 days then fly back to the USA.

I hoped to apply for the extension when I get back to the states, is this something I can do, or is there anything else I can do to stay beyond the September 16th date while I am waiting on the extension and ban to lift?

Hi @Eva_McSweeney

If you have a valid stamped H1B visa in your passport, then yes, you can travel back to the US as long as it is valid.

New visas won’t be issued until the ban is active as confirmed by travel.state department.

Once you are in the US, you do not need a visa stamp on your passport, you can simply file an H1B extension petition with USCIS and keep staying in the USA.

Ok thank you both! I think that means if I leave after September 16th I cannot get back in until the ban lifts which may be January next year at best…

If the government has its way and win the election, they may extend it further. The Executive order has the option of extending it.

So, its better to come to the USA as early as possible.

As the ban doesn’t apply to people inside the US - I’m hoping this would this mean I don’t have to wait but as I was outside the country on the date of signing its very uncertain…

[USCIS officially] announced that order will not affect people currently working in the US on H1B, L1, L2, or J1 visas. Extensions and renewals can be filed as usual with USCIS.

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Hi @Eva_McSweeney

As long as you have stamped visa in your passport and it is valid on the date of entry, you can enter the USA.