Ability to travel with H-1 while I-130 pending

princesskate

Registered Users (C)
*My friend is confused about his situation and his case is kinda complicated - any help would be greatly appreciated. Thanks!*

His background:
- Legally entered U.S. by F-1 visa in January 2000 and never left U.S. since then
- His LPR mother filed I-130 (Family based 2b) in August 2001, she will file N-400 for herself this month and hopefully become a USC by the end of year or early next year so that she can update her son's the petition from F2b to F1
- Maintaining a valid F-1 status, graduating in Summer 2006 and will apply for OPT

Now a company is offering him a full-time job with H-1 sponsorship, however the company requires him to travel internationally, he'd like to know:
1. Whether his H-1 application would be rejected because of his pending I-130 filed by his mother?
2. Whether he can travel internationally on his OPT? (I guess he can't but I'm looking for answers from experts :) )
3. Whether he can travel internationally on his H-1 with his pending I-130? Would there be a chance of being refused to reenter U.S. at POE?

Thanks!
 
princesskate said:
*My friend is confused about his situation and his case is kinda complicated - any help would be greatly appreciated. Thanks!*

His background:
- Legally entered U.S. by F-1 visa in January 2000 and never left U.S. since then
- His LPR mother filed I-130 (Family based 2b) in August 2001, she will file N-400 for herself this month and hopefully become a USC by the end of year or early next year so that she can update her son's the petition from F2b to F1
- Maintaining a valid F-1 status, graduating in Summer 2006 and will apply for OPT

Now a company is offering him a full-time job with H-1 sponsorship, however the company requires him to travel internationally, he'd like to know:
1. Whether his H-1 application would be rejected because of his pending I-130 filed by his mother?
H1 has dual intent and should not have any problem AND chances of being denied depends on the company sponsoring the H1. If USCIS thinks that company is not financially stable or has been blacklisted, the H1 would probably not go through.
2. Whether he can travel internationally on his OPT? (I guess he can't but I'm looking for answers from experts :) )
If he gets his H1, he can use that to enter US
3. Whether he can travel internationally on his H-1 with his pending I-130? Would there be a chance of being refused to reenter U.S. at POE?
H1 is fine. He wont have problems using H1 to enter

Thanks!
 
Thanks ari4u!

My friend's big concern is that his parents and sister are all LPR, however he isn't since he overaged for just a few months :mad: when their case was approved in 2001, he is worried if his H-1 visa would not be approved when he goes back to home country and apply for the visa at US Embassy, then he'd get stuck.
 
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