H1 got approved but still on OPT ,Can I travel to India?

[srikanth1384]

Hi All,

My H1 recently got approved and is only valid from 1st OCT 2012 . On the other hand , my OPT (Student EAD) is still valid till OCT 31st 2012 . During this time frame/period, is it safer to travel to india or outside of the US. Will I have any problem at port of entry ?

Please help.

Thanks,

Srikanth

[ronk]

you have to get the H1 Stamped if you cross the country. Reason being, your current H1 is approved to your present i-94. If you cross the country you i-94 will be issued a new i-94 upon return. So the new i-94 should be linked to your h1 which will happen only if you could get the visa stamped to enter USA. Hope this helps...

[wiweq]

"you have to get the H1 Stamped if you cross the country. Reason being, your current H1 is approved to your present i-94. If you cross the country you i-94 will be issued a new i-94 upon return. So the new i-94 should be linked to your h1 which will happen only if you could get the visa stamped to enter USA. Hope this helps..."

=> Completely WRONG info. Read this link carefully : http://www.murthy.com/news/n_cosapp.html

It says no problem in travelling and coming back in USA before Oct on F1 status, given that H1b is approved. OP's COS is scheduled on Oct 1st.

Your logic seems right but it's not correct. Once H1b is approved, the COS is also approved at the same time scheduled at Oct 1st. Now I94 change doesn't change anything. The above link supports this.