OPT - H1 and Travel

C

calm_77

New Member
Hi :

I have my done M.S. in U.S. and am currently on OPT. My H1b was recently approved but I am not sure of start date of my H1b. I have to travel to travel to Europe and come back soon.

My question is, will there be any immigration issues if I come back before or after start date of my H1b ? Will my H1b become invalid under either of circumstances ??

Please guide me as soon as possible.

Thank you very much for your time
 
Originally posted by calm_77
Hi :

I have my done M.S. in U.S. and am currently on OPT. My H1b was recently approved but I am not sure of start date of my H1b. I have to travel to travel to Europe and come back soon.

My question is, will there be any immigration issues if I come back before or after start date of my H1b ? Will my H1b become invalid under either of circumstances ??

Please guide me as soon as possible.

Thank you very much for your time
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This question can be best answered by your own lawyers. In my opinion, USUALLY, this should not be an issue.
 
Hi,

I am facing an identical issue. I have received an OPT with start date June 2004, while I am processing my HI under 2005 cap (for start date of Oct 1 2004)

I need to travel to India and will be back in July 2004. I wanted to know:
a) Will I have a problem with rentry if my H1-B is issued by the time I renter?
b) Will I have a problem with rentry if my H1-B is not issued by the day of rentry?

If you get an answr from your lawyer, please let me know, since I am not able to get a straight answer from anyone. Also, I you travelled and did not have a problem, let me know too!

Thanks
 
OPT H1 Travel

I have an identical problem...

1. OPT / EAD will come through in a few weeks
2. H1B processing will start by end-April (i.e. H1B may be approved (for October 1) by mid-May
3. Will be traveling to India and reentering in July

I am not sure whether immigration will create problems. Really need some good advice...
 
Please Clarify

Hi Rajeev,
I have a similar issue. My OPT is expiring in June 2004. But then I got a new I20 to maintain my status till Oct. I am planning to apply for H1 next week. Meanwhile, I was planning to visit India (sometime in May). My lawyer suggests that it is not safe to leave US while my H1 is processing. Is it so?
I was wondering how my H1 process and my travel are related and moreover I will be traveling as a student with valid I20 and student visa.
I really appreciate your input on this issue.

Thanks in advance.
 
Re: Please Clarify

Originally posted by OPT_H1
Hi Rajeev,
I have a similar issue. My OPT is expiring in June 2004. But then I got a new I20 to maintain my status till Oct. I am planning to apply for H1 next week. Meanwhile, I was planning to visit India (sometime in May). My lawyer suggests that it is not safe to leave US while my H1 is processing. Is it so?

+++++++++++++++I do not see why not.

I was wondering how my H1 process and my travel are related and moreover I will be traveling as a student with valid I20 and student visa.
I really appreciate your input on this issue.

Thanks in advance.
Click to expand...
 
Re: Re: Please Clarify

Dear Rajeev,
Thank you very much for your clarifications.

I am a graduating student with valid F1 Visa and OPT EAD valid from June 2004 to June 2005.

Me , along with my classmates had 2 important qusetions - so I am writing on behalf of all of us.

1 If I apply for my H1-B now and leave the US, then can I renter on my F1-visa before October 1st if my h1-B application got approved while I have been out of the US? I have a full-time job offer from a multinational company based in US.

The reason I ask this is my University is of the opinion that I should enter back on F1 under OPT and not under an H1-B even if the latter is approved because:
a) If I get an H1 visa stamp on my passport , then my status changes from F1 to H1. Since the H1B is starting fro October 1st, it means that I will not be allowed to renter US on H1-B till October 1st, despite having an OPT EAD.
b) Moreover even if I get to enter the US, I will still not be able to work till October 1st, since my status change invalidated my OPT EAD
c) The US consulate in India may not even grant me an H1-B visa stamp in june/July if they see a start date of October 1st!

Are these above reasons true?

2. The universty has also advised me to ask my employer to file a H1-B application WITHOUT asking for a change of status. Once I renter the US on F1 and OPT EAD, then I can apply for change of stsus by leaving the country again and getting a Visa stamp

Is the above true as well?

3. If for any chance I am denied entry based on OPT EAS, will I be put in prison in the US? I have heard of some horrific stories of detention!

We would really appreciate your advice

Best regards
MBA04
 
Re: Re: Re: Please Clarify

Originally posted by mba04
Dear Rajeev,
Thank you very much for your clarifications.

I am a graduating student with valid F1 Visa and OPT EAD valid from June 2004 to June 2005.

Me , along with my classmates had 2 important qusetions - so I am writing on behalf of all of us.

1 If I apply for my H1-B now and leave the US, then can I renter on my F1-visa before October 1st if my h1-B application got approved while I have been out of the US? I have a full-time job offer from a multinational company based in US.

+++++++++++++++++++In my opinion - yes, but you should not (and cannot) enter on an H-1 visa this early.

The reason I ask this is my University is of the opinion that I should enter back on F1 under OPT and not under an H1-B even if the latter is approved because:
a) If I get an H1 visa stamp on my passport , then my status changes from F1 to H1. Since the H1B is starting fro October 1st, it means that I will not be allowed to renter US on H1-B till October 1st, despite having an OPT EAD.
+++++++++++++++??? I do not follow this rationale. Call me.

b) Moreover even if I get to enter the US, I will still not be able to
work till October 1st, since my status change invalidated my OPT EAD
+++++++++++++++Untrue. status change becomes effective on 1 Oct, I believe.

c) The US consulate in India may not even grant me an H1-B visa stamp in june/July if they see a start date of October 1st!

+++++++++++++++++May be true. Although they are not supposed to issue an H-1 visa until 10 days before the start of H-1, they may be making exceptions to prevent later rush on visa applications.

Are these above reasons true?

2. The universty has also advised me to ask my employer to file a H1-B application WITHOUT asking for a change of status. Once I renter the US on F1 and OPT EAD, then I can apply for change of stsus by leaving the country again and getting a Visa stamp

Is the above true as well?

3. If for any chance I am denied entry based on OPT EAS, will I be put in prison in the US? I have heard of some horrific stories of detention!

We would really appreciate your advice

Best regards
MBA04
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