F1 to H1B (India Traveling)

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saga2024

Registered Users (C)
Hi:

I graduated with MBA degree this May and am on OPT starting from June 01, 2006. Now, I got the job offer and the company is filing my H1B visa and am planning to go to India immediately after that and will come back after 20 days to join the job. IS THERE ANY ISSUE IN TRAVELING TO INDIA ?

I talk to my lawyer and he said that there is no issue and I can go and come back. However, I have heard that one can not travel once H1B papers are submitted.

I am very very CONFUSED with all different opinions.

Please guide me what should I do as it is really very urgent for me to go to India.

Thanks,

Gaurav
 
You can travel during change of status is pending, but you have to get H1 stamp before you work as H1 holder. Other than that, there is no issue.
 
THANKS for the reply on my post. However, below I am posting the mail of an attorney working with Ernst & Young advicing one of the employee about the travel. Here it goes:

Please be advised that the H-1B petition for AAA willl be sent to the Vermont Service Center of US Citizenship and Immigration Services ("USCIS"), tomorrow. This petition is premium processed, therefore, it will take 10-15 days for adjudication from the date of receipt.

As this is a change of status application from F-1 to H-1B, the foreign national should not depart the United States while the application is pending. Departure from the United States is deemed as abandonment of the change of status application. We will advise as soon as we receive the Approval Notice from the Vermont Service Center.

I am really confused should I travel or not. Please advice.

Thanks,

Gaurav
 
saga2024 said:
As this is a change of status application from F-1 to H-1B, the foreign national should not depart the United States while the application is pending. Departure from the United States is deemed as abandonment of the change of status application. We will advise as soon as we receive the Approval Notice from the Vermont Service Center. [/I]
Click to expand...
If one left the US during change of status is pending, change of status is deemed abandoned, however, H1 petition is still considered to be valid.
So that you can not change the status in the US with H1 approval and you need to get H1 stamp before you start working on H1.
 
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