Applying for H-1B in 2018, travel to India in April 2018, currently on F1 OPT Extension

[Leena08]

Hello,

I am currently on F1 OPT Extension valid until Feb 2019. My employer is filling for H-1B for fiscal year 2019. I have a plan to travel to India during April 2018 due to family reasons. I have following concerns for the same:

1. Is it possible to file H-1B as consular processing?Or, should I apply for Change of status (COS)? 

2. If yes, what is the risk involved in filing as H-1B CP?

3. As I will come back to the US by April end, can I continue to work on OPT? 

4. If I am in India while my application has been selected in the lottery, then what will happen in that scenario? 

5. Will there any risk involved while coming back from India in April end while my H-1B application has been sent to USCIS?

I would really appreciate your help in this matter as soon as possible as I don't want to risk my H-1B application since this is my only year left to apply for the same.

Thanks,

Leena

[pontevecchio]

If you travel before the decision then the COS is deemed denied though the H1 petition may still be approved and you will need a visa at the appropriate time to return and start work.

[Brijesh Gurram]

Hi,

I have a similar question but little bit of more complexity to it. I’m currently on OPT Extension and got my H1 visa approved recently. For my personal reasons, I had to travel back to India when my H1 petition was in process but again came back to US after a month. My employer was notified by USCIS that my H1B was approved but my current status has become void due to travel. I have a couple of questions here 

1. If I travel when my petition is pending, does my processing change from Change of Status automatically to Consular? 

2. If my current status becomes void, does it become void with immediate effect? 

3. Do I need to travel back immediately for stamping or can I wait until September and travel then? 

4. If I had to travel immediately, when can I re-enter into US?  

Thanks,

Brijesh

[pontevecchio]

Your H1 petition has been approved. Your OPT remains valid till its end. But there is a new requirement of working initially for the original H1 sponsor to continue being considered cap counted.