Travel on OPT of F1 visa while H1 is in works

M

Mangeshrocks

Registered Users (C)
I am on F1 visa graduating in Dec.2004. I have one year OPT pending which i will utilise after graduation till jan 2005. I have a Co. willing to file H1B F.Y. 2006 right away. I have a F1 stamped upto 2007. Can I travel to India and come back while H1 b processing is in the works.

Please give me Your feedback in this matter and your help greatly appreciated.
 
Mangeshrocks said:
I am on F1 visa graduating in Dec.2004. I have one year OPT pending which i will utilise after graduation till jan 2005. I have a Co. willing to file H1B F.Y. 2006 right away. I have a F1 stamped upto 2007. Can I travel to India and come back while H1 b processing is in the works.

Please give me Your feedback in this matter and your help greatly appreciated.

CAN YOU CLARIFY the dates

You will graduate Dec 2004
Your OPT start after Dec 2004 and goes up to 12 to 14 months
When are you palnning to go to India?
Click to expand...
 
H-1B processing is done independent of your OPT. If you are planning on using your OPT till the end of its validity, January 2006, then you have to use your current I-20 with a travel signature to return to the US. A letter from your OPT employer will help avoid any issues with port of entry.

Other option you have is to apply for H-1B with a start date of Oct 1, 2005 and get H-1B stamped in India around september
 
thank you for the reply...

I have heard from one of my friend that if h1 is in process you cannot leave the country because h1 process requires i 94 number, So if u go to ur country and when you come back u get new i 94, so new number . As a result its better if u do not leave, during ur h1 processing...

If u can reply me on my question i will appreciate that..

thanks again
 
Mangeshrocks said:
thank you for the reply...

I have heard from one of my friend that if h1 is in process you cannot leave the country because h1 process requires i 94 number, So if u go to ur country and when you come back u get new i 94, so new number . As a result its better if u do not leave, during ur h1 processing...

If u can reply me on my question i will appreciate that..

thanks again
Click to expand...

Travelling while a change of status petition is pending is considered abandonment of the change of status portion of the petition. You would need to consular process to obtain an H-1B visa and reenter on the H-1B visa to obtain a valid I-94.
 
So the solution would then be to file an I-129 without requesting change of status, to re-enter w/ F-1 and I-20 with travel signature if needed in the meantime, and then to leave and get an H1B stamped into the passport and come back within 10 days of the employment start date?
 
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