On OPT/H1B applied for - can one travel

Y

yanni_rahman

New Member
My friend needs to travel for his sister's wedding to India in June this year.

However, he is on an OPT and his H1B is currently being processed. He is being told that he cannot travel.

A) Is this true? Are there any workarounds?
B) If not, gee - what does one do in case of an emergency? Is this
is not a violation of basic human rights?

Thanks!
 
I'm not familiar with OPT(I think he may need to get endorsement or something from school, but I'm not sure),
Regarding H1.

if s/he applied for COS, and if s/he left the US, his/her COS is considered abandoned, therefore s/he needs to get H1 stamp before being on H1 status.
 
Thanks...

But, does the COS always get cancelled or is it just a possibility? Consider this situation:

A) His OPT is valid till November this year
B) Employer has applied for an H1B in March
C) He travels to India in July even though COS is in progress

Now, if I understand right...

Either...

1) COS gets cancelled, he continues on OPT - where he can continue to work, but H1B needs to be re-applied for
2) Nothing happens as records dont get validated and he gets his H1B as planned.

Is this right?
 
Sometimes COS may get approved even though one travels during COS pending, but it is adviseable not to rely on that approved COS, because
rule that COS is invalidated if one travel during pending is firm.
 
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