Travelling during Notice Period (not grace period)?

[pagetrip]

Hello, I just got laid off and my last working day is June 28. However, I am under notice period until August 26. Although my last working day is on June 29, I was told my firm's attorneys that my last official day on H1B is August 26 (which is when my notice period ends).

I have a valid I-797 and stamped H1B visa. If I travel out of USA, can I re-enter using my current visa, provided I come back before notice period end date (August 26)?

Thanks.

[pepperbreakable]

• Understanding H-1B Status During Notice Period:
  • Your last official day of employment as recognized by your company's attorneys is August 26, the end of your notice period.
  • During this notice period, you are still technically employed by your company, even if you are not actively working after June 29.
  • You are legally in H-1B status until August 26, as this is your last official day of employment.
• Travel and Re-entry on H-1B Visa:
  • Since you are still considered to be in H-1B status until August 26, you should be able to travel and re-enter the United States using your valid H-1B visa and I-797, provided you return before August 26.
  • At the port of entry, you should be prepared to explain your situation to the Customs and Border Protection (CBP) officer, showing proof that you are still in H-1B status (e.g., a letter from your employer stating your employment and notice period dates).
• Documentation to Carry:
  • A valid H-1B visa stamp in your passport.
  • The original or a copy of your I-797 approval notice.
  • A letter from your employer stating that your last official day of employment is August 26 and that you are currently in your notice period.
  • Recent pay stubs, if available, to demonstrate ongoing employment.
• Potential Risks and Considerations:
  • While you are technically allowed to re-enter the U.S. on your H-1B visa, there is always a level of discretion exercised by the CBP officer at the port of entry.
  • Ensure that all your documentation is clear and that you can articulate your situation effectively.
  • Consider consulting with an immigration attorney for personalized advice, especially given the nuances and potential complexities of your situation.
    snow rider

[hunter22]

Steps to Follow

1. Check Policies: Review your contract and company policies.
2. Plan and Communicate: Plan your travel dates and discuss them with your manager or HR.
3. Formal Request: Submit a formal leave request if required.FM ********
4. Document Approval: Ensure you have written approval for your leave.
5. Transition Plan: Work out a transition plan to cover your responsibilities during your absence.

By taking these steps, you can navigate the complexities of traveling during your notice period while maintaining professional integrity and compliance with your company’s policies.