Travel to India with H1-B picked

[moorthy]

Hello!

 

My H1-B application was picked in lottery and approval is still pending, but i have a valid F1-OPT status. I have to travel outside US during the month of June for a couple of weeks due to personal reasons. If I apply for premium processing to get my approval by MAY would it be safe for me to return back to US with my F1-OPT? If yes, will the new i-94 issued during my return override my automatic COS i-94 to H1-B status that is under processing?

 

Thanks in advance for your help!!

[ashuneel]

No need to upgrade to premium. You can travel in F-1 status.

[moorthy]

Thanks for the reply! My concern is if it gets approved while I am in India would'nt the I-94 that will be issued when I re-enter US with my F-1 status override the automatic change of status? Then in that situation do I need to go back and get the stamping before the start date? 

[pontevecchio]

If the COS is not approved and you travel, you will need the H1 visa before starting work. I94 numbers are IMMATERIAL.

[ashuneel]

Thanks for the reply! My concern is if it gets approved while I am in India would'nt the I-94 that will be issued when I re-enter US with my F-1 status override the automatic change of status? Then in that situation do I need to go back and get the stamping before the start date? 

You may risk  abandoning the  request for change of status.  On second thought it is best to upgrade to premium as USCIS will start  approving premium cases from May 12, 2016.

[moorthy]

Thanks for the replies!

 

@ashuneel - I was considering the option of upgrading to Premium processing, but If i get my H1B approved by may using premium processing, would there be a problem in my COS when I come back by before July?

[ashuneel]

IMO you should be OK if approved in premium.  See USCIS guidelines on this matter.

[moorthy]

Thanks for your help! I'll go through the guidelines

[Shrikantth]

Hello!

 

My H1-B application was picked in lottery and approval is still pending, but i have a valid F1-OPT status. I have to travel outside US during the month of June for a couple of weeks due to personal reasons. If I apply for premium processing to get my approval by MAY would it be safe for me to return back to US with my F1-OPT? If yes, will the new i-94 issued during my return override my automatic COS i-94 to H1-B status that is under processing?

 

Thanks in advance for your help!!

Hi Moorthy,

I have the same situation like you had, I am planing to go to india in august. How did your travel plan go, was their any problem while entering into USA again. Please help me out

thankyou