Holiday Travel

[Attorney_6]

Many people travel during the U.S. holiday season. This week, Murthy Law Firm attorneys will answer questions related to temporary travel abroad.

 

RULES FOR TOPIC OF THE WEEK THREADS:

1. Attorney’s postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate section of the forum.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not include information that would identify any specific company, university, or individual (including yourself).

 

 

[priyanu]

I'm on 1 year OPT,  expiring on Jan 26th 2015.Although my OPT started on 27th Jan 2014, I started working from Apr 7th 2014 and updated employer info to univ on Apr 7th.  I have planned  holiday trip from Nov 19th to Dec 23rd. I will be applying for stem extension before i leave.I have valid I-20 signed 1 week back along with the employer information printed in it on page 3. 

My question is Do I face any problem at the port of entry because of 2 month long trip? And does the 2 month period considered as unemployment days? Your reply would help me make a decision.

[jairichi]

In my opinion since you did not work from jan 27 to apr 7 you are already out of status. Any unemployment beyond 60 days makes OPT void. There is a high possibility that your OPT extension will be denied. Talk to a good attorney before you plan this travel.

[jairichi]

In my opinion since you did not work from jan 27 to apr 7 you are already out of status. Any unemployment beyond 60 days makes OPT void. There is a high possibility that your OPT extension will be denied. Talk to a good attorney before you plan this travel.

[Attorney_6]

The limitation on unemployment during the first 12 months of OPT is 90 days, not 60.

Traveling while the STEM extension is pending can be risky. It is necessary to make sure that someone will receive any RFE that may be issued and that it gets answered within the deadline.

 

The travel time counts as unemployment, unless the travel is part of the employment, or the person is employed and on a period of leave authorized by the employer.

Of course, in the context of the STEM extension, the USCIS would have to believe that the employment is continung and that the employer authorized a 2 month leave for an employee they hired less than a year ago. The CBP may have similar questions given the duration of the trip.

[jairichi]

The limitation on unemployment during the first 12 months of OPT is 90 days, not 60.

Traveling while the STEM extension is pending can be risky. It is necessary to make sure that someone will receive any RFE that may be issued and that it gets answered within the deadline.

 

Thank you for correcting me.

[sagi85]

I've my current H1B visa validity till date January 21st 2015, if I go on a visa stamping while travelling on my extended petition before  visa expiry date and if I get struck can I come back to the country before Jan 21st?

[Attorney_6]

Sagi85,

 

The answer to this is, maybe. If the passport is returned, and the current visa is not cancelled, then it is possible. I have seen people do this without incident.

[sagi85]

thanks Attorney

[sujisngh]

Hi

 

I have a query. I am traveling to India for 3 weeks in Nov, 2014. My current petition is approved and valid till Dec, 2015. On one of my previous approved and expired petitions, my employer has received a Notice of Intent to Revoke (NOIR). My employer has responded to it and the current status is showing as response under review. In case, the status of my case remains unchaged, will I have any issues re-entering US given that my current petition is approved and I have valid stamped visa till Dec, 2015 ?

 

Thanks in advance.

[jairichi]

Hi

 

I have a query. I am traveling to India for 3 weeks in Nov, 2014. My current petition is approved and valid till Dec, 2015. On one of my previous approved and expired petitions, my employer has received a Notice of Intent to Revoke (NOIR). My employer has responded to it and the current status is showing as response under review. In case, the status of my case remains unchaged, will I have any issues re-entering US given that my current petition is approved and I have valid stamped visa till Dec, 2015 ?

 

Thanks in advance.

If old, expired petition has received a NOIR that is normal. It does not affect your current valid one.

[Attorney_6]

H1B petition approvals are separate, stand-alone, approvals. Thus, the revocation of H1B petition #1 does not invalidate H1B petition #2.

 

Of course, there may be some issues in the future depending upon the reason for the revocation. If there is some issue of fraud or serious non-compliance etc., the USCIS may look into this employer and the new petition more closely.

 

Typically, these cases involve site visits where the individual has been relocated without the filing of an amendment. If this matter has been properly addressed by the filing of the current petition for the proper location/position etc., that is usually sufficient.  In the event the USCIS wanted to take action against the current petition, they would have to issue a NOIR on that petition.

[vandanatalla]

Hi, My current opt expires on Dec 15th and I have applied for STEM extension on Oct 22nd.

I am planning to travel India and will be returning back on Dec 10th ( 5 days before OPT expiration date). I have F1 visa valid till April 2017. I am working as a contractor and I will be carrying employer and client letter with me

.

There are possibilities my STEM extension to be approved by the day I return back. If is not approved is it safe for me to return on old opt card which will be valid for 5 more days from that date?

 

Looking forward for your suggestions. Thanks in advance

[maurya1983@gmail.com]

Is it required to go to Visa Stamping in Cananda or Mexico after an employer change in US? My case - My Most current I94 (which I received at port of entry) and Visa is based on my previous employer H1 approval because I went for vacation to India after H1 transfer was approved of my current employer. But I joined my current employer after coming back from vacation to India.

here is the sequence.

with Old Employer --> H1 transfer to New employer approved --> Still with old Employer --> Vacation to India --> Visa stamped --> Returned to US --> new I94 received --> resigned old employer --> Joined new employer -- I94 on H1 approval is not the latest one. Is there a need to get visa stamped on new H1 approval and get I94 off of that (by going to Canada or Mexico)?

[Attorney_6]

The H1 visa remains valid for travel through expiration. It is not limited to the particular employer (even though that employer's name is on the visa.) A person is allowed to travel with the (valid, unexpired) visa from company "A" and the H1 petition approval from company B.

[lakshmi26]

Hi

 

I have a confusing situation on travel and need some guidance, I came to US on H4 and just recently in end of January I got my F1 approval after I did the COS from H4 to F1 so I can try my luck with graduate assistantship at my university. 

 

Now I want to change to H4 visa back again because it allows me to less than three courses each semester and I also thought I can get the EAD with the new H4 visa work authorization rule that is coming soon.

 

I have H4 stamping on passport valid till 2017. Now if I want to travel to India. Can I come back on that H4 stamping. Will that mean I have converted from F1 to H4 again? Since right now I have COS onl and no stamping for my F1 approval visa.

 

Is there any problem in doing this? Can my H4 visa get rejected. I am very confused here and will be glad for some advise on this.

 

Thanks and Regards

Lakshmi

[jairichi]

Hi

 

I have a confusing situation on travel and need some guidance, I came to US on H4 and just recently in end of January I got my F1 approval after I did the COS from H4 to F1 so I can try my luck with graduate assistantship at my university. 

 

Now I want to change to H4 visa back again because it allows me to less than three courses each semester and I also thought I can get the EAD with the new H4 visa work authorization rule that is coming soon.

 

I have H4 stamping on passport valid till 2017. Now if I want to travel to India. Can I come back on that H4 stamping. Will that mean I have converted from F1 to H4 again? Since right now I have COS onl and no stamping for my F1 approval visa.

 

Is there any problem in doing this? Can my H4 visa get rejected. I am very confused here and will be glad for some advise on this.

 

Thanks and Regards

Lakshmi

Since you have a valid H4 visa you can enter using that and a copy of your spouse's I797. On entry on H4 visa you will be on H4 status till you decide to move to another status later.