Stuck in India due to COVID 19 and Pending US VISA stamping - Travel Ban for H1B outside USA

Hello Anil,

Hope you are doing well. I was working in USA with H1B visa and my I140 was pending for approval, so I have traveled back to India just 3 days before of my I94 expiry date and my I140 was approved also same day of I94 expiration date. Now I have received my new I797B valid petition for 3 years whereas I am stuck in India due to VISA stamping is pending as the USA consulates are closed.

Due to longer stay in India, my employer temporarily terminates me from the Job as my I94 was expired. My employer is not agreed for remote work and now as per the new rule H1B outside USA Travel Ban until Dec 2020, so I would like to know, how can I go back to USA as I have 3 years valid I797, if my employer will not agree to take me back after 6 months? could you please guide me here.

What will happen If my employer withdrawn my H1B visa with approved I140 and I am already in loss of pay from Feb 2020 to till now. If that impacts for getting new jobs through other employer ?


You can file H1B transfer. Just ask your Employer to not withdraw your i140.

If i140 is withdrawn, then finding a new employer would be very tough.

Came to India on mar 2020 and my scheduled drop box got cancelled due to COVID situation.

I 'm exempted from proclamation under ‘resume ongoing employment’ category and planning to go for a drop box option in next available date.

Question1: Given my visa is stamped, will i be allowed to enter U.S. before december 2020? Or visa will be printed with ‘not allowed till Dec31’

Pls help

Any recent drop box experience would help…

You can travel if you can get a visa stamp.

Thanks @Anil_Gupta for your time to answer.

I am reading there are some travel restrictions for VISA stamped with NIE annotation. Is this true for all cases?

pls help, if possible


Hi @waiting

The 30 day rule is only applicable for people traveling from Europe due to the travel entry ban from there.

Its not applicable for India. Don’t worry.

Rest is your choice to depend on the article or not. I cannot comment on what other websites write.