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!
 
1) H1 is dual intent and applying for I130 should not be the reason of denial.
2) OPT is F1. I do not recommend to travel with F1.
3) There is always chance of refusal at POE no matter what. But pending I130 should not be the reason of refusal for H1s.
 
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