Travel out of US on OPT while H1 is being processed

S

smapar

New Member
Hello,

My OPT starts Feb 14, 2005 (I have only 8 months of OPT) and ends on Oct 14, 2005. I have a job on hand and my employer is willing to process H1 such that it starts Oct 2005. I will be filing for H1, say April 2005.

I may have to travel to India around July 2005. I have a few questions to clarify before I decide on the trip.

1. Can I travel out of United States when a transfer of status is in the process (from OPT to H1).
2. If I take a letter from my employer about my employment status, will it be safe to travel on OPT (this question arises cos my OPT will end in Oct '05 and I may be travelling in July '05 and there are only 4 mths time left on OPT).
3. In case my H1 is in the processing stage and I do have to travel, will it be necessary for me to go to the local US Consulate and get any of my visas stamped before renentering US (my F-1 visa is valid until 2009). Or will this requirement appear only at a later stage?

Appreciate your feedback in advance,
Smapar
 
smapar said:
Hello,

My OPT starts Feb 14, 2005 (I have only 8 months of OPT) and ends on Oct 14, 2005. I have a job on hand and my employer is willing to process H1 such that it starts Oct 2005. I will be filing for H1, say April 2005.

I may have to travel to India around July 2005. I have a few questions to clarify before I decide on the trip.

1. Can I travel out of United States when a transfer of status is in the process (from OPT to H1).
2. If I take a letter from my employer about my employment status, will it be safe to travel on OPT (this question arises cos my OPT will end in Oct '05 and I may be travelling in July '05 and there are only 4 mths time left on OPT).
3. In case my H1 is in the processing stage and I do have to travel, will it be necessary for me to go to the local US Consulate and get any of my visas stamped before renentering US (my F-1 visa is valid until 2009). Or will this requirement appear only at a later stage?

Appreciate your feedback in advance,
Smapar
Click to expand...

I think if you travel outside the US while your H-1B is pending, then your H-1 petition is considered as abondoned. So, the best thing to do is get your H-1 approved work for couple of months, get your paystubs and then go to US consulate outside US to get it stamped.

Consult your attorney before you travel ouside US.
 
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