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News In Brief Travel & Tourism

H-1B Visa Holders Face Entry Challenges: Documents You Must Carry Before Returning to the U.S.

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H-1B Visa Holders Face Entry Challenges: Documents You Must Carry Before Returning to the U.S.
23 Jun 2025
4 min read

News Synopsis

H-1B visa holders travelling back to the U.S. after visiting their home countries must exercise caution, as visa cancellations at the port of entry have recently occurred. In a concerning development, three Indian nationals holding valid H-1B visas were reportedly denied entry into the U.S. upon arrival.

Although H-1B holders can often re-enter the U.S. through the Automatic Visa Revalidation process for short trips (30 days or less) to Canada, Mexico, or specific islands, certain documentation protocols and visa status conditions must be strictly followed to avoid denial.

What is Automatic Visa Revalidation?

Automatic Visa Revalidation is applicable when:

  • The visa holder travels to Canada, Mexico, or a nearby island (for F and J categories) for 30 days or less.

  • The traveler possesses an unexpired Form I-94 or valid admission stamp.

However, this provision is not valid for all types of travel and does not guarantee reentry.

Must-Have Documents for a Smooth U.S. Reentry

Before re-entering the U.S., H-1B visa holders should carry:

Essential Documents:

  • A recent letter from your department confirming continued employment

  • A copy of your H-1B Approval Notice (Form I-797)

  • A copy of your H-1B petition

  • A valid H-1B visa stamp and passport (not expiring in the next six months)

“If your visa stamp expires while you are abroad, you must visit a US consulate for an interview and obtain a new H-1B visa stamp before returning to the United States.”

Additionally, carry your original employment offer letter, printed on official letterhead, outlining your position, job duties, and salary.

What Can Go Wrong at the Port of Entry?

  • If your documents are incomplete, your visa could be cancelled at the border.

  • In some cases, a “41.122” stamp may be added to your visa.

This indicates permission to withdraw your entry request and is not a visa revocation.

  • Entry may also be denied if new, unfavorable data has been added to the U.S. immigration system during your absence.

I-94 Form: Don’t Forget to Check It

Upon re-entry, a CBP officer will issue your electronic Form I-94, confirming your lawful entry, status, and permitted stay duration.

“Confirm that your electronic I-94 contains the correct information by accessing your I-94 online within 48 hours of U.S. re-entry.”

Double-check:

  • Class of Admission = “H-1”

  • Admit Until Date = Must align with H-1B approval notice

  • Biographical details = Name, DOB, passport number must be accurate

Some travelers may find a 10-day grace period added beyond their official H-1B end date, which is standard for those maintaining status.

Avoid Travel During H-1B Extension Process

“Most universities advise avoiding international travel if your H-1B extension is pending with USCIS, as complications may arise.”

This is due to the risk of entry denial or processing delays.

Final Entry Rule: Visa ≠ Guaranteed Admission

“While having a visa does not guarantee entry to the United States, it allows you to travel to a port of entry... and request permission from a Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the United States.”

Whether you are entering for the first time or returning, CBP officers have the authority to deny entry, even with a valid visa.

Conclusion

For H-1B visa holders, international travel—especially reentry into the U.S.—comes with significant responsibility and risk. While having a valid visa is essential, it does not guarantee admission; final permission rests with Customs and Border Protection (CBP) officers at the port of entry.

The recent denials of entry for Indian H-1B holders highlight the importance of carrying the correct documentation, such as a current employment verification letter, valid H-1B approval notice (Form I-797), and ensuring that the visa stamp and passport are not expired. Travelers must also check their electronic I-94 immediately upon entry to confirm accuracy, as errors in dates or classification can impact their legal stay.

Those with pending H-1B extensions are strongly advised to avoid travel until approval is received. Ultimately, being well-prepared, informed about Automatic Visa Revalidation, and vigilant about documentation can help ensure a smooth reentry process and continued legal employment status in the U.S.