How Do I Let USCIS Know My Travel Plans
Have Changed?
Why Do I Need to Notify
Immigration if my Travel Plans Change?
If you are travelling to the United States as a worker in the
following visa categories, your employer will have filed a nonimmigrant visa
petition in your behalf:
H -
Temporary Workers
L - Intracompany Transferees
O - Aliens of Extraordinary Ability
P - Entertainers and Athletes
Q - Participants in International Exchange Programs
R - Religious Workers
The USCIS approval notice for
your petition will designate the U.S. Consulate where you will obtain your
nonimmigrant visa. If you are from a visa-exempt country, your approval notice
will designate the port-of-entry where you are to enter the U.S, rather than a
U.S. Consular office.
If you (the beneficiary of
the petition) intend to cross the border at a different Immigration
port-of-entry or receive your nonimmigrant visa at a different U.S. Consular
office than is indicated on your petition approval notice, your employer (who
filed the visa petition) must notify Immigration of the change in your travel
plans.
Once notified, what Immigration will do depends on whether
you do or do not need a visa:
·
Visa Required:
Immigration will notify the U.S. Consular office where you will be obtaining
your nonimmigrant visa that your petition has been approved. The U.S. Consular
office must receive the notice of approval from Immigration before the U.S.
Consulate can provide you with the documentation necessary for entry into the U.S.
·
Visa Not Required: (e.g., Canadians and some residents
of islands adjacent to the United States),
Immigration will notify the port-of-entry where you will enter the U.S. that your
nonimmigrant petition has been approved. The port-of-entry must receive this
notification before the port-of-entry can provide you with the documentation
necessary for entry into the U.S.
If you travel outside the United States
and desire to re-enter the country, please carry your original approval notice
with you.
How Do I Notify
Immigration if My Travel Plans Have Changed?
If an Immigration petition
has been approved for you, your employer will need to file Form I-824
(Application for Action on an Approved Application or Petition) to notify
Immigration of the change.
Your employer must file Form
I-824 (Application for Action on an Approved Application or Petition),
including the correct fee, with the USCIS office that approved the original
petition. Detailed information is provided in the instructions for Form I-824.
Forms are available by
calling 1-800-870-3676, or by submitting a request through our forms by mail
system. For further information on filing fees, please see filing fees, fee
waiver request procedures, and the fee waiver policy memo.
Where Can I Find the
Law?
There is no statute that
covers this action. However, rules governing Form I-824, Application for Action
on an Approved Application or Petition, are published in Title 8 of the Code of
Federal Regulations under 8 CFR § 103.5b.
How Can I Find the
Status of My Application?
Your employer should contact
the USCIS office where the application is filed. Your employer should be
prepared to provide the USCIS staff with specific information about the
application. Please see Finding the Status of Your
Case for complete instructions on checking the status of your application. See
U.S. Field offices for information on Immigration offices.
How Can I Appeal?
If your employer's
application is denied, your employer will receive a letter that will tell your
employer why the application was denied. Your employer may submit a motion to
reopen or a motion to reconsider to the same office that made the unfavorable
decision. By filing a motion, your employer is asking the office to reexamine
or reconsider its decision. A motion to reopen must state any new facts that
would support your employer's motion. Your employer may be required to submit
affidavits or other documentary evidence in support of these new facts. A
motion to reconsider must establish that the decision was based on an incorrect
application of law or Immigration policy, and further establish that the
decision was incorrect based on the evidence in the file at the time the
decision was made. For more information, please see How Do I Appeal the Denial
of Petition or Application?.