Domestic flying with H1B extension pending

[electricfern]

I want to fly domestically (NY to FL) in the first week of Nov. I have applied for H1B extension in July along with my wife's and child's H4 extension. I received acceptance notice for DW and DS but not for myself within the time frame. Its been almost 3 months but there has been no movement on my application (from USCIS website, I checked application status). So I asked the lawyers to make it premium and sucked up to $1300.

My H1B (and stamped visa) on the passport expires on Oct 30. My travel date is exactly 15th working day since they received my premium processing fee. So it looks like I won't be receiving my renewal by the time I can fly.

I talked to TSA hotline yesterday and the guy told me that all you need is some kind of ID. If visa is expired thats OK. I asked him, how its OK as when they see my foreign passport, obviously they start flipping through the pages to check the visa. His reply was, since it is domestic travel and you can show the receipt of application submission. In theory, it looks OK, but I wonder if I should be taking any chances. Its a specialist doctor's appointment which I took almost 5 months ago so its not something I can postpone very easily.

Anyone been in similar situation?

Thanks in advance.

[shervin143]

This is no issue. You don't need a valid visa to travel within U.S. If you have a valid Driving License (or state ID), then that is enough to travel. If yu won't have a valid driving license on the date of your travel, then carry you passport. They will only look at the first first page that has your photograph. Carry a copy of your previous expired H1B approval and a copy of your H1B extension receipt notice.

[coolguy2314]

Visa is not a requirement for domestic travel. If you are on H1B, I am assuming you have a drivers license. That should be all you need. For family, you can take their state ID if any. If not then passport is fine. All you need is a for of ID, which is your passport and not a visa.



Not a legal advice. Use of this information is strictly at your own risk.

[electricfern]

Thank you shervin and coolguy.

Not too sure if you know this, for H1B folks, the validity of driver's license is only till the date of your visa, at least in the state of NY. It is printed on the license. And starting next month or 2016 (I think) driver's license as a form of ID is not valid anymore for even domestic flying. They added quite many states after this news story broke. So driver's license is out now.

Re: passport, all family passports are valid, but as I said, my receipt notice never arrived. Hence I am planning to take a print out of USCIS website record that they recd. my application and whatever the current state of renewal is. Will that work?

In case you guys or anyone else knows, Will I need to sing all story at every checkpoint, esp like TSA check points?

Thanks again (you guys relieved my stress).

[shervin143]

They are not going to ask any such question. A valid passport will be enough for a domestic travel. A copy of the record from USCIS can be taken as a backup. But I don't think it is ever going to be useful. I ask you to take that just for precaution.
I know driving licenses are issued only till the petition (I-94) expiry date. That is why I mention if you won't have a valid DL on the date of your travel, then carry your passport. I wrote that to make you understand that a valid passport, visa or petition is not needed for domestic travel. You just need a government issued photo ID for domestic travel.

Thank you shervin and coolguy.

Not too sure if you know this, for H1B folks, the validity of driver's license is only till the date of your visa, at least in the state of NY. It is printed on the license. And starting next month or 2016 (I think) driver's license as a form of ID is not valid anymore for even domestic flying. They added quite many states after this news story broke. So driver's license is out now.

Re: passport, all family passports are valid, but as I said, my receipt notice never arrived. Hence I am planning to take a print out of USCIS website record that they recd. my application and whatever the current state of renewal is. Will that work?

In case you guys or anyone else knows, Will I need to sing all story at every checkpoint, esp like TSA check points?

Thanks again (you guys relieved my stress).