Travelling outside US on OPT+H1B

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kr1979

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Hi, I am currently on OPT visa (I am an international student, and did my Masters from US), and my OPT expires in December '07. I also got my H1-B approved recently, and I know that I will be on H1-B status from October 1.

But I wish to go to travel outside US for a month in June. I will be coming back to US by the end of June, or beginning of July, and I would still be on OPT status then. But I am confused about whether we are allowed to go in and out of US on OPT or not. I have heard that if you have a job offer or a temporary work offer in hand, you can go out of the US and come back, and at the port of entry, you just have to show the offer document. But I recently came across a story where a student from Russia wasn't allowed to enter US, even though she was on valid OPT visa and she had a work offer.

So anyone can please elaborate on this, and advise me on what to do. I have to attend a marriage in June, and so I really have to get this thing sorted out before I book any tickets.

Thanks a lot in advance..!!!!
 
Hi,

I went to India for 1 month last December while being on OPT. I did not have any trouble in coming back. They just ask you for your I-20, OPT card and Employers letter (they did not ask for mine, but usually they do). I dont think so there should be any problem for you to entering back in US, but also check with your international students office.
 
Hi patelhetal1985 and GotPR, thank you for your inputs..

GotPR, can you please elaborate on what do you mean by getting H1 stamp? As I mentioned earlier, I am currently on a valid visa (OPT), which is due to expire in Dec '07, and my H1 will begin in Oct '07 itself, so I will not be out of status at any time. And when I go out and come back before Oct '07 only, then I won't be on H1 yet, and will rather be still on OPT status.. and as far as I know that we don't need any stamp for OPT visa..

But again, I am not sure if this can be done or not. As I don't want to end up in a situation that I am not allowed to enter US before Oct '07 once I leave US..

patelhetal1985, can you please tell me if you were in the similar situation when you went to India? I mean, were you on OPT and also had the H1-B approved? and were you required to get the H1-B stamped before entering US..

Thanks once again for all your help..
 
you won't be out of status even though you enter the US before Oct because you are on F status. The problem is your change of status might be considered abandoned if you left the US before Oct 1. It means your status won't be changed on Oct 1 automatically. To be on H1 status, you need to reenter the US with H1 stamp on or after Oct 1(strictly speaking, you can enter the US with H1 stamp after Sep 20).

Having said that, it is not crystal clear how approved COS is treated when one travel before the new status kicks in(If you travel during COS pending, it is 100% sure COS is abandoned). So, it is safe to assume that you need to get H1 stamp before Oct.
 
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kr1979,

I am in the same situation (my dates are the same too) as yours and I need to travel in August.

My immigration attorney advised not to travel until October due to the abandonment issue. But he also asked that I speak to the international student office about this. I have an appt to with the office in 2 weeks and hopefully I will have some good answers.
 
vs51, thanks for your input.. since you have contacted an attorney, I believe that his/her advise would be the best one to consider.. I will appreciate if you can update me with whatever your int'l office ppl say, so that I can have a better sense of the situation.

Thanks once again...
 
kr1979,

The meeting didn't quite happen today. The counselor decided to *stay* home today after returning from an overseas trip. I spoke to another counselor who has very little to confirm. What a waste of my time...

I am waiting for someone to call me back soon.

The scoop I got is this...

The complication lies in that we are on a F1 yet with a H1B approval. The US embassy has to reissue a F1 for 1-month just so that we can return back the US. But there is no guarantee that they will do that. This is my worry right there.
 
Update

From international student office point of view, they can sign the I-20 and I can re-apply for the F1 visa for re-entry.

But..."listen to what the attorney says" is what the counselor recommends.
 
Hello kr1979,

when did you receive your H1b approval. Have you received approval or just a receipt number. I have sent my documents on 1st of april and I received the receipt number on 23rd of april. My case is still pending. I have applied under master's quota. will appreciate your answer...thanks
 
Hi all,

I have finally received an approval letter for my HI-B. It was a reqular application under cap exemption. But I have been referred to Toronto Consulate for visa stamping. Can I have my visa stamped at a different Consulate in Canada other than Toronto? Should my employer inform USCIS of the change?

Your response would be very much appreciated.

Thanks and good luck to everyone anxiously waiting.
 
Similar situation

I am in a similar situation. My OPT started in Jan 2007 and I applied for H1 premium processing and got it approved on May21st. I have to travel to India in June and return in July. My H1 will start after OCtober 1st. So is it ok if I go out of US and come back with my OPT and as my change of status is approved I will start my H1 from october. I saw chat sessions in Murthy where she said once H1 is approved we can travel and come back in OPT because we are returning before Sep 20th.
 
manojdhulipala said:
I saw chat sessions in Murthy where she said once H1 is approved we can travel and come back in OPT because we are returning before Sep 20th.
Click to expand...
I think that information was never in public. I read it on their site, but their site said the letter was the response to the inquery of her office. I believe the letter has never been in public, which means there is no way to verify it.
 
It's at the risk of applicant.
I personally don't rely on the info which is not in public(even though it is the info from reputable lawyer), as I can not argue with CIS when i get into trouble.

UN once posted the interesting story about Hernandez. He deleted all his posts and I can not find it anymore.

Edit:
I think this is what UN was referring to. This alone does not invalidate what murhty's site said, but will give you heads up that unlike official memo, a letter is not always based on total agreement.

http://www.immigrationportal.com/showthread.php?t=198268&highlight=hernandez
 
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manojdhulipala,

The question you are asking is what kr1979 and myself have been trying to answer. Read my findings is this same thread. If you are not convinced, talk to the attorney who applied for your H1B, then talk to your school's international student office.

If you put this in a game theory format, the best strategy is just to stay put in the US until after Oct 1. Thereafter, return to your home country and come back to the US with a H1B visa. If you want to go back before that, there is always a chance of not being able to return. If you want to flip that coin, go for it. No one is stopping you. Even if you go on googling for the next 24/7, if you have already made up your mind of returning to your home country, no amount of evidences or facts or he-says-she-says will change your mind.

For me, I am staying put til after Oct 1.
 
Thank you so much GotPR for the information. Well I understand it is upto the student to take the risk. I had a conversation with Ms. Anna Baker in Mr. Khanna's Law firm regardinig this and she confirmed that according to Mr. Khanna, we could travel if we have all the required documents such as valid visa, valid I20 with signature, EAD card and job offer. Nobody can guarantee 100% in immigration but with all these documents she says it is absolutely fine to travel. The link that you provided is about a different kind of situation altogether. I dont mean to say that its wrong but what I am trying to interpret is that this is a different case from that one. Also for the past 3 years people should have travelled in this situation because from the past 3 years H1s were over before October 1st. So if USCIS found any fault in that they would have come up with a clarification long back. I understand your point that there is no law as such in this case so you mean there is a risk. For me, I cannot avoid my travel so I try to assume that since there is no law yet on this issue this letter of guidance is itself sufficient.
 
Hi VS, thank you for the info man.... do you know if KR is travelling or if is he staying back? Anyway I scheduled an appointment with USCIS through Infopass on May 31st. After the meeting I will let you guys know what the immigration attorney tells me.
 
No manojdhulipala, I am not traveling either.. only because of the same risk of not being allowed to enter back in US.. but pls do let us know what the immigration attorney says.. that will be of real help
 
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