Immigration lawyers urge Indian visa holders to carry proof of status on US trips

Attorneys warn that non-citizens, especially H-1B holders, are being stopped by DHS during domestic flights and should travel with documentation proving lawful status.

A wave of DHS stops of non-citizens traveling within the United States has led immigration attorneys to tell clients, many of whom are Indian H-1B visa holders, to carry documents that verify their lawful presence. The American Immigration Lawyers Association reports detentions in states including California, Colorado, Florida, Illinois, Kansas, Michigan, New Jersey, Texas and Virginia, often involving individuals with pending adjustment-of-status or asylum applications.

While many possess Employment Authorization Documents, lawyers explain that an EAD alone does not establish or preserve immigration status. Maintaining underlying H-1B status provides a safety net if a green-card petition is denied, according to Cyrus D. Mehta. Abhinav Tripathi notes that many continue to extend their H-1B or L-1 status while the I-485 is pending.

Karin Wolman advises anyone with an expired I-94, even with a timely extension request, to stay away from airports, especially if they are between jobs or rely solely on an EAD. Travelers are urged to bring passports, the latest I-94, green cards, receipt notices, EADs and proof of employment as appropriate.