Travel during both OPT and H1B Processing..

S

santosh41982

New Member
Hello,

My OPT is valid till Nov '08. Meanwhile I am applying for H1B(Premium processing) this April '08. I am planning to travel to Canada for about two weeks starting April 06 '08.

My question is Whether am I allowed to travel to canada while my H1B is in Process. If not, Can I intimate Immigration with the help of attorney that I am traveling on so and so date and I am not abandoning my H1B application.

Please kindly advice.Thanks..
 
Travel while H1 is pending does not result in an outright rejection of the petition. You can travel. However, if you travel in this situation, your Change of Status (COS), if requested with the H1 petition, will be deemed abandoned by USCIS. Your H1 decision does not get affected.

Now, short trips to Canada might be okay if you do not give the F1 I-94 to immigration when you leave the U.S. I mean if you enter Canada and come back with the same I-94, your COS with the H1 should go through fine. Some time they don't even bother to collect I-94. This what I read and could not be the case when you travel, though.
 
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What is the issue about travelling out of US on OPT? Schools seems to strongly discourage students on F1 to avoid travel during OPT status
 
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