Can You Travel to Hawaii with an H-1B Visa When Your Previous Employer Revokes Your Status?

Traveling to Hawaii is a dream for many, offering breathtaking landscapes, vibrant culture, and sunny beaches. However, for those holding an H-1B visa and facing challenges with visa status changes, like the unfortunate revocation of the H-1B by the previous employer, the travel plans can become complex. Here’s a detailed guide to help you understand the nuances of traveling to Hawaii in such a situation.

Introduction to H-1B Visa

The H-1B visa is a type of visa that is issued to foreign nationals working temporarily in the United States in a specialty occupation. A specialty occupation is defined as a job that requires theoretical and practical application of a body of highly specialized knowledge and at least a bachelor’s degree in the specific specialty or its equivalent.

The H-1B visa process involves various steps, one of which is 'H-1B stamping.' This is the process of getting the visa stamp and physical visa placed in your passport. If your previous employer revokes your H-1B visa, your ability to travel to or stay in the United States might be affected.

Traveling to Hawaii Without an H-1B Stamping and Visa Transfer in Progress

Traveling to Hawaii does not require a passport with an H-1B visa stamp. This is a common misconception among many H-1B visa holders. Instead, you only need a valid U.S. driver's license to show at the airport. Hawaii is an integral part of the United States and considered a domestic travel destination, just like traveling between different states.

United States Citizenship and Immigration Services (USCIS) Action

If your previous employer has revoked your H-1B status, you are in a potentially challenging position. It's crucial to act swiftly by filing a Petition for a New H-1B Cap Petition or a Transfer Petition (Form I-129) with the USCIS. If the transfer is in progress and you need to travel, your new employer should support you and provide the necessary documentation to assist you during the visa transfer process.

Prohibition Order and Work Permit (OPT)

Pay attention to any prohibition orders that might be issued by USCIS. If you receive a prohibition order, you are not permitted to work without a work permit (EAD) or change your status until the order is lifted. This can significantly impact your plans for travel. If you are in this situation, it's best to consult with an immigration lawyer to navigate the complexities.

Travel to Hawaii Amidst a Strained Visa Situation

Traveling to Hawaii can be entirely possible, but it requires careful planning and compliance with U.S. immigration laws. If you have an active employment authorization document (EAD) stemming from your previous H-1B visa, you can travel to Hawaii as long as you maintain your legal presence in the U.S. It’s essential to carry all relevant documents, including your EAD, I-797 notices, and any travel authorization letters you might have received.

Legal and Practical Considerations for H-1B Visa Holders

H-1B visa holders often face various legal and practical challenges, especially during the transition period between employers. Here are some key points to consider:

Legal Representation: Seek assistance from an experienced immigration lawyer to guide you through the complexities of visa revocation, transfer, and travel. Documentation: Ensure you have all the necessary documentation, including any pending petitions, EADs, and other relevant paperwork. Communication: Maintain open and clear communication with both your previous and new employers to facilitate smooth transitions and avoid misunderstandings. Flexibility: Be prepared for potential delays or denials in the visa transfer process and plan your travel accordingly.

Conclusion

Traveling to Hawaii with an H-1B visa, especially during a complicated status change, requires careful planning and adherence to U.S. immigration laws. Whether your previous employer has revoked your H-1B visa or you are in the process of transferring to a new employer, understanding the nuances of the situation can help you navigate the challenges and make informed decisions. Always seek guidance from legal professionals to ensure a smoother transition and a hassle-free travel experience to Hawaii.