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Q: Travel Document for Physicians doing J1 waiver jobs. ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Travel Document for Physicians doing J1 waiver jobs.
Category: Miscellaneous
Asked by: rocksrocks-ga
List Price: $10.00
Posted: 28 May 2005 01:38 PDT
Expires: 27 Jun 2005 01:38 PDT
Question ID: 526601
I entered USA on a single entry B1/B2 VISA in Dec,2000. Which I got
changed to J1 Status. Now, I will be finishing my residency in
Psychiatry in August this year and will start my job in an underserved
area in california. My waiver application has been approved and I am
currently waiting for my H1B Status. Which should be approved soon.
After I start my Job I intend to file for National Interest Waiver and
labour cetification. I will also file for the I-485 for adjustment of
my status along with my NIW application.

I never went back home to India since I came to the states. Because i
would have needed VISA to re-enter and there was the risk of denial of
VISA.

Now, I plan to make a visit home in the Summer next Year. 

1. Can I get Travel Document?   (more specifically... Can a Physician
who is doing J1 waiver Job on H1b status eligible for travel document)

2. If yes, is it a safe way to travel on the Travel document/advance
Parole for person in my situation.
Answer  
Subject: Re: Travel Document for Physicians doing J1 waiver jobs.
Answered By: hummer-ga on 28 May 2005 04:56 PDT
Rated:5 out of 5 stars
 
Hi rocksrocks,

Yes, you will be able to travel on your H-1B but you will need to
obtain an H-1B visa stamp on your passport to re-enter the U.S. by
applying for it at the nearest U.S. Consulate when you are in India.
At the least, you will need to present to the Consulate a valid
passport, the original Form I-797 Approval Notice, a copy of the H-1B
petition and a letter confirming current employment from your
employer. However, check with the Consulate in India for procedures
specific to them.

Can an H-1B alien travel outside the U.S.?
"Yes. An H-1B visa allows an alien holding that status to reenter the
U.S. during the validity period of the visa and approved petition."
http://uscis.gov/graphics/howdoi/h1b.htm#travel

H-1B
Some of the rights and benefits granted include:
* Travel in and out of the United States or remain there continuously
for the term of the H-1B.
http://www.rapidimmigration.com/usa/1_eng_kit_h1b.html 

"An H1B visa stamp allows an alien holding that status to travel
abroad and reenter the US during the validity period of the visa and
approved petition."
http://www.bccvisalaw.com/h1b.php

Applying for an H-1B visa stamp  (different from the approval notice )
"If you are in H-1B status and plan to travel outside of the U.S., you
will need to obtain an H-1B visa stamp to re-enter the U.S... To
obtain an H-1B visa stamp, you will need to make an appointment at a
U.S. Embassy or Consulate and apply for the visa stamp there. Before
you leave the U.S., we recommend that you get a copy of your H-1B
petition to take with you."
"You will also need to obtain a letter from your department on
department letterhead confirming your H-1B employment with the
University.   This letter must be included with your visa
application(s). You or your family member should keep the original or
a copy of the letter with you when you re-enter the U.S."
http://www.umich.edu/~icenter/intlstudents/events/H1Btravel.htm

U.S. Embassy in New Delhi, India
http://newdelhi.usembassy.gov/

U.S. Consulate General in Calcutta, India
http://usembassy.state.gov/posts/in4/wwwhmain.html

U.S. Consulate General in Chennai (Madras), India
http://usembassy.state.gov/chennai/

U.S. Consulate General in Mumbai, India
http://usembassy.state.gov/mumbai/

"An H1B employee traveling outside the U.S. should be certain to have
all necessary documents for entry into all countries he or she intends
to visit and for re-entry into the U.S. Obtaining or extending H1B
status through petitioning USCIS will NOT grant or extend an H1B visa
stamp in an alien's passport. If an H1B visa stamp needs to be
obtained, it will be necessary for the employee to present a valid
passport, the original Form I-797, a copy of the H1B petition, and a
letter confirming current employment to a U.S. Consulate or Embassy
outside the U.S. All H1B visa stamps must be issued by a U.S.
consulate outside the U.S."
http://www.emory.edu/ISSP/scholars/h1b/travel.htm 

"4. Form I-797 approval notice: The Form I-797 approval notice
indicates that USCIS has approved the H1B petition and has either
changed the beneficiary's status to H1B (in which case a new I-94 card
is issued, attached to the bottom of the Form I-797A) or indicated the
consulate to which they have sent notice of the petition's approval
(Form I-797B). The form will state the validity period of the H1B
petition."
Travel:
"An H1B employee traveling outside the U.S. should be certain to have
all necessary documents for entry into all countries he or she intends
to visit and for re-entry into the U.S. If an H1B visa needs to be
obtained, it will be necessary for the employee to present a valid
passport, the original Form I-797, a copy of the H1B petition, and a
letter confirming current employment to a U.S. Consulate or Embassy
outside the U.S. "
http://www.us-immigration-attorney.com/h1b-visa.htm

I hope I've been able to sort this out for you.  If you have any
questions, please post a clarification request *before* closing/rating
my answer and I'll be happy to reply.

Thank you,
hummer

Google Search Terms Used:  travel on h-1b

Request for Answer Clarification by rocksrocks-ga on 29 May 2005 00:12 PDT
Thanks for your response. I need to clarify my question again. I
understand that I would need to get H1B VISA to re-enter USA. The only
problem is that there is chance although small that H1B VISA may be
denied. And I might get stuck back in India. That is why I want to
travel on a Travel Document instead. My question is Can I get a Travel
document or an advance parole, considering that I will be doing a J1
waiver JOB. I think I can get a Travel Document but my friend says
otherwise.

Clarification of Answer by hummer-ga on 29 May 2005 05:45 PDT
Hi rocksrocks,

Thank you for your clarification, I'm glad you wrote as I see that my
answer needs adjustment. Following is the link at USCIS regarding your
precise situation.

"(k) Are alien physicians allowed to travel outside the United States
during the mandatory 3 or 5-year service period? An alien physician
who has been granted a national interest waiver under § 204.12 of this
chapter and has a pending application for adjustment of status may
travel outside of the United States during the required 3 or 5- year
service period by obtaining advanced parole prior to traveling. Alien
physicians may apply for advanced parole by submitting form I-131,
Application for Travel Document, to the Service office having
jurisdiction over the alien physician's place of business."
http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10281/slb-23044/slb-24171?f=templates&fn=document-frame.htm

"Can I get a Travel document or an advance parole, considering that I
will be doing a J1 waiver JOB."

The answer is "yes"!

If I've missed the mark, please let me know and I'll have another look.
hummer

Request for Answer Clarification by rocksrocks-ga on 29 May 2005 15:52 PDT
I think you have answered the question perfectly. Great Job. Let me go
through the information and see if i need any clarifications.

Thanks

Clarification of Answer by hummer-ga on 29 May 2005 19:25 PDT
A-ha, I thought you would like that link!  

That's fine, take your time.
hummer
rocksrocks-ga rated this answer:5 out of 5 stars

Comments  
Subject: Re: Travel Document for Physicians doing J1 waiver jobs.
From: objetivo-ga on 29 Sep 2005 07:49 PDT
 
As far as I know, there are two posibilities:

1.- You have signed a 3 years contract, hoping to obtain green card
through Labor certificate (be sure you have this agreement with your
employer WRITTEN IN YOUR CONTRACT!). My employer told me so, but only
verbally; after a while he said that it was too expensive to sponsor a
labor certificate and just left me on my own ... unless I was willing
to sign another contract for 4 more years! (no way!).

2.- You have signed a 5 years contract, in order to apply for green
card through National Interest Waiver AFTER YOUR THIRD YEAR (e.g.:
after you have finished your J1 visa waiver). In this case, you do not
need your employer as a sponsor (you can even change to another
employer), so you have more freedom.

Okay, IN BOTH CASES you have to finish your J1 visa waiver (3 years)
BEFORE you can apply and become an OUT OF STATUS applicant (e.g.:
Obtaining an advance parole paper, in order to travel outside U.S.).
Be careful; Because of the risk, I would pay an immigrant lawyer to be
sure I will not have any problem. Otherwise, the risk is too much for
me.

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