Travel and Pending H-1B Petitions
If you are being sponsored by Tufts University for H-1B employment, read below for important information for issues relating to travel while an H-1B application is pending. The information is divided between persons who are in the US in another status who need to change to H-1B status; and persons who are already in H-1B status and seeking to extend their status.
Changing to H-1B Status from Another Status
Tufts is allowed to submit H-1B petitions requesting H-1B status up to six months before the anticipated start of H-1B employment at Tufts.
For new employees, the H-1B start date is usually the first date of Tufts employment. However, if you are already working at Tufts under a different type of work authorization that is due to expire, the H-1B start date can be a specific date identified by you, your department, and the International Center. For example, if you are working at Tufts using F-1 post-completion Optional Practical Training (OPT), then your H-1B start date might be a date on or around the time your OPT benefit expires.
H-1B petitions can take 1-3 months to prepare internally. In addition, USCIS (US government) processing time under standard processing can take another 6+ months. If your status needs to be changed by a specific date in order for you to work lawfully for Tufts, the International Center will recommend to departments that they use premium processing service, which reduces US government processing times to around 30 days in most cases.
All immigration processing is subject to seasonal demand as well as unanticipated processing delays, so please note that offering a guaranteed result on a specific timetable is not possible.
If you are in the US in a different status (e.g., F-1 status, J-1 status) and are changing to H-1B status, you SHOULD NOT travel outside of the US once the H-1B application has been submitted to USCIS on your behalf.
If you leave the US while the application is in process with USCIS, then the change of status will be denied, and you may need to restart the process by remaining outside the US until that time you are able to get a new H-1B visa at a US consulate. Or, if you leave and return to the US during the change of status process, you will need to plan on departing the US again, applying for an H-1B visa, and re-entering with the new visa. This may cause significant delays to your H-1B start date as well as added and unanticipated travel costs.
If international travel is necessary, please consult with your International Center advisor and provide full travel details. Instead of doing a change of status, we will need to process your application for consular processing so that you can obtain an H-1B visa at a US consulate and return to the US in H-1B status.
If your change of status is approved, your status will change to H-1B status on the date of the H-1B approval.
However, the change of status approval is only to allow you to remain in the US in H-1B status. If you later travel internationally, you should plan enough time to go to a US consulate to apply for an H-1B visa. You will need a H-1B visa in order to return to the US following international travel. We recommend traveling only in consultation with your department and when there is enough time to accommodate possible consular processing delays and backlogs.
(Note: Canadian citizens are not required to obtain visas and may return in H-1B status with their H-1B approval notice and other documents.)
See our Travel Resource Center for more information about travel requirements.
If you are currently in another status and also have dependent family members (your legal spouse and/or unmarried minor children under 21 years of age), they will need to submit separate applications to change their status to H-4 status. For example, dependents in F-2 status would apply to change to H-4 status, at the same time Tufts submits a petition requesting a change in your status from F-1 to H-1B status.
H-4 dependents may accompany the H-1B employee as long as the employee is maintaining valid H-1B status and they meet the definition of dependent status. Please read more about the benefits and limitations of immigration status for H-4 dependents.
Changes to H-4 status are done through a separate application form, USCIS Form I-539. The International Center is not authorized to complete Form I-539 for individual family members, although we will do a courtesy inspection to make sure the form is complete and is accompanied by the correct fees. You may complete the I-539 yourself, or rely on the services of an immigration attorney to complete the form for you. If you would like a referral to a local attorney, please contact your International Center advisor.
Please let your International Center advisor know that you have dependent family members, so that we can coordinate submission of both your H-1B petition and the I-539 petitions for your family to USCIS at the same time, which is generally advantageous.
Extension of H-1B Status (Current H-1B Employees)
Tufts can start an H-1B extension petition as early as six months prior to the start of the extension period. For example, if your current H-1B authorization expires on June 30, we can initiate the extension process as early as January 1, or six months before the expected extension start date of July 1.
While the International Center makes every effort to notify departments of upcoming expiration dates, any extension process must be initiated by the sponsoring department. Please talk to your department about your eligibility for an extension and about timing.
Extension petitions can take 2 to 3 months to prepare and an additional 6+ months for USCIS processing under standard processing, or one month (in most cases) with premium processing. Extensions must be submitted to USCIS no later than the last day of your current H-1B authorization. Once submitted, your work authorization will be extended temporarily for up to 240 days or until the extension petition is approved or denied.
If you need to travel internationally while the extension petition is in process, and certainly following the expiration of your current authorized period of employment, you must notify your International Center H-1B advisor responsible for managing your specific case.
You must be in the US when the H-1B extension petition is actually filed with USCIS. Once filed, you may continue to travel internationally and should be able to return with your existing H-1B visa and I-797 approval notice while the extension is still pending with USCIS.
If your extension is approved while you are outside the US, however, you should wait to return with a copy of your updated approval notice to ensure that you are granted admission for the entire period covered by your extension. You must also be sure that your H-1B entry visa is still valid. If your H-1B visa has or will expire, you will need to apply for a new H-1B visa at a US consulate in order to return. Please review our Travel Resource Center for more details.
If your change of status is approved, you may continue to remain in the US in your H-1B position. However, if you later travel internationally, you should plan enough time to go to a US consulate to apply for an H-1B visa, if your current visa has expired or will expire by the date of your anticipated return. We recommend traveling only in consultation with your department and when there is enough time to accommodate potential consular processing delays and backlogs.
(Note: Canadian citizens are not required to obtain visas and may return in H-1B status with their H-1B approval notice and other documents.)
See our Travel Resource Center for more information about travel requirements.
H-4 dependents (including your legal spouse and/or unmarried minor children under 21) must apply separately for any extensions of their H-4 status. H-4 status eligibility is based on extension of your H-1B status.
Extensions of H-4 status are done through a separate application form, USCIS Form I-539. The International Center is not authorized to complete Form I-539 for individual family members, although we will do a courtesy inspection to make sure the form is complete and is accompanied by the correct fees. You may complete the I-539 yourself, or rely on the services of an immigration attorney to complete the form for you. If you would like a referral to a local attorney, please contact your International Center advisor.
Please let your International Center advisor know that you have dependent family members, so that we can coordinate submission of both your H-1B petition and the I-539 petitions for your family to USCIS at the same time. In most cases it is advantageous for H-4 extension requests to be submitted alongside the University's I-129 extension petition for the H-1B employee.