H1-B Approved, Can I go home?

M

mas000

Registered Users (C)
Hey,

So I graduate in 4 days from my Master's Program. I am currently an F-1 student and my visa expires in 2 days. My I-20 however is valid till July 2008 because I was approved for OPT.
I have applied for an H1-B through my company and got approved. The visa is on its way to my home address and my start date is SSeptember 19.

My question is: Can I go overseas in about 2 weeks? I was told even if the H-1B is approved, that I should wait till after October 1 so that my status becomes active.

Thanks...

-mas
 
Ok, my question is: is there a risk when obtaining the H-1B visa stamp if I travel in 2 weeks?? Or will I definitely get the stamp if I have been approved?

Im trying to see if I can go get the stamp in the next month or after October 1; because i also want to visit home...
 
Traveling itself won't risk your H1 stamp in general, but if you travel to the countries considered evil by the US government, you visa stamp process may take longer due to security check.

You can receive visa stamp 90 days before H1 start date.
 
mas000,

I'm not an expert on visas but looking at your post, it seems there might be issues. You mention that your F-1 expires in 2 days. That means once you leave the US, you no longer have a valid stamped visa to show for re-entry. The OPT only allows you to stay within the US legally. Once you leave the US and try to re-enter, you will need some sort of valid visa stamped on your passport for re-entry.

Since your H1-B is approved, you will hopefully be recieving an I-797 approval notice very soon (probably through your company's attorney). You can use this document to apply for an H1-B visa stamping on your passport when you are out of the country. If this is your first H1-B, then the I-797 will say that you are allowed to work legally within the US for 3 years (the end date is given on the I-797). When you go for your H1-B stamping, you will be issued a visa valid until the date listed on the I-797 (think of the I-797 as a work permit approval). When that expires, your company will apply for your H1-B extention and probably another 3 year I-797 will be issued, and then yearly extentions if your green card is pending at that point.

In any case, you will have to apply for your H1-B visa stamping on your passport if you plan on visiting abroad in the near future. But remember to take your I-797 with you. If you are from India or Pakistan, H1-B visa stampings sometimes take a long time when stamping from your home country based on name and security checks. This is a frustrating and un-predictable part of the process and something you need to be aware of if you do plan on going abroad.

I have already had my H1-b stamped 3 times but do not want to risk the long delays when I visit Pakistan latter this year. Which is why I have scheduled my H1-B visa renewal from Mexico for next week. Again there is a very slight possibility there may be a delay for some reason in Mexico also.

I hope this gives you a better picture and you're able to make a well informed decision.

Good luck,

Jawad
 
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