URGENT: travel on OPT while processing H1-B

M

mba04

New Member
Hi,

I and a number of my friends are facing a similar situation, so I am writing on behalf of all of us.
I am an MBA student (Nationality: Indian), graduating in May 2004.I have an OPT approved with start date of June 2004. I have received a full time job offer and am supposed to start work on August 30th
In the light of the latest news that INS will start processing H1 from April 1st itself but start dates are October 1st, I would really appreciate if you could let me know:

a) If I leave the US after I apply for H1-B, and then I get my H1B approval in June 2004 (with start date of Oct 2004) while I am out of the country, can I renter the US before October 1st 2004 with an OPT (start date of June 2004)
(assuming that my employer couriers me the approved H1 to India)

c) Is it true that if I have an OPT starting June 1 2004, and I apply for H1-B now and leave the country, then I cannot renter the USA while my H1-B is being processed by INS even if I have an approved OPT?
Do I need any special permits from the INS to travel to India and renter the country?

d) can I work on OPT from August 30th to October 1st even though my H1 is already processed by June 2004
OR if I get my H1 in June it means that my OPT is invalidated and cannot use it to start work on August 30th?

Look forward to hearing from you.
For family health reasons, I need to leave the country as soon as possible to be with my family, so I would highly appreciate any clarifications from you.
Best regards
 
I think it is not advisable to travel if you have filed for a status change , if you havent filed it yet , you can hold you petition and file it with premium processing once you come back , your H1 might start after your OPT has elapsed .. so I would suggest that you go to India without applying and then come back ASAP and then apply for premium processing , you can have a start date of your H1 from the day ur OPT is expiring and not Oct 1 .
hope it helped
Ritesh
 
OPT is not a travel document, your F1 is the travel document if you have a valid F1 yes you can travel. However, it is advisable that you obtain your H1B visa and travel back to the United States.

www.passintl.com
 
OPT do not travel

OPT is a previlage and not a right to re- enter.
At port of entry officer may deny your entry since OPT is just training. Since you have completed your study, there is no reason to re-enter.

Get your H1 approved, go to india get it stamped and come back.

Good Luck.
 
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