Travel to India while H1 petition is pending

S

sanjayp

New Member
Hi,

My employer will be filing for H1 on April 1. My OPT is valid till October 1. Can I go and comeback from india during April-May timeframe ?

Can I get H1 petition approved by premium processing and then leave US and come back after a month.

All the help would be appriciated.

Thanks
 
I am in a similar boat, i have read at the following posting that its possible to travel after the H1B application is processed and before October.

it is covered in http://murthy.com/news/n_cosapp.html and
then further clarified in http://murthy.com/news/n_comh1b.html
Q1
The USCIS stated that the change of status would automatically take effect on the effective date of the H1B petition / change-of-status Notice of
Action of October 1, 2005, in this example. The intervening
admission to the U.S. does not override this
later effective date. The "last action" rule does not
change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. Although the I-94 card reflecting the H1B change predates the latest I-94 card given at the Port of Entry, the change of status to H1B does not become effective until
October 1, 2005, after the person's entry into the United States.

I also wanted to know if you have heard rumors about RFE's in case of getting H1B visa through consultant?
 
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