Travel on OPT while H1 file in works

[Mangeshrocks]

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.

 

[xalidag]

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.

I interpret your timeline will be as follows:

On F1 until graduation in Dec. 2004.
On F1 with OPT after graduation, till your H1B will start. That must be the beginning of 2006.

Before your graduation, there's apparently no problem to travel and come back. Afterwards, with a valid F1, a valid OPT EAD card, and a proof you have an employment in the US, you should be able to travel and come back.

I'm pretty sure about the above, but please make sure with an Int'l student advisor from your school.

One thing unclear in your post is that you are planning to use OPT until Jan. 2005--is it a typo and you meant Jan. 2006? My understanding is that H1B for 2005 has reached its limit so the one you'll get should be for 2006, unless it's already filed and pending for 2005. It sounds like you must utilize your OPT through the entire 2005.

 

[xalidag]

Some people say that you shouldn't leave the country while OPT is pending, as leaving can be considered as abandoning the petition. If it's right, you shouldn't travel even before the graduation in December.

Hope everything has worked fine and will work fine with you!