Travelling on STEM OPT- Expired F1 Visa, Pending H1b

[surajr116]

Hi,

I've completed my OPT and currently on Stem OPT which expires in feb 2019. 

My F1 Visa has expired this June. My H1b application is picked and got RFE. RFE is answered back with request for Consular Processing. Waiting for response.

I need to travel back to India as im getting married.

If there is no response on my H1b pending application, I have to go for F1 stamping to re-enter US. What documents do I need? What are the risks involved?

[02112018]

Mandatory Documents

• Valid original passport. You are recommended to have passport valid for at least six months beyond your interview date.
• All old passports held
• One photograph as per specification.
• US Visa Application Form DS-160 confirmation page stamped at the Visa Application Center (VAC)
• US Visa Application Fee payment receipt.
• Visa Interview appointment letter.
• Original Notice of Action-I-797.
• Blanket L1 applicants must carry the original I-129 and a copy of the Notice of Action I-797.

 

 

Additional Supporting Documents required at the time of interview?

 

 

Principal Applicant

• For applicant applying with a blanket petition, a demand draft for Rs 29000/- favouring "US Embassy, New Delhi" or "U.S. Consulate General, Mumbai (or Chennai or Kolkata, or Hyderabad)" as applicable towards FPD fee. DDs drawn on co-operative banks are not accepted.
• Copy of the first and last page of your current valid passport. If you have any observations on your passport please submit a copy of the observation page also.
• The original Notice of Action (Form I-797).
• Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129), and recent letter from employer that describes your proposed duties and intention to hire you.
• Letters verifying your employment history and specific work skills.
• Original degree certificates along with mark sheets.
• Relevant diplomas or certificates, e.g. computer certification.
• If currently working on an H-1B visa, you may want to carry your pay slips for the current calendar year and your Federal tax returns (IRS Form 1040 and W-2) for all the years in which you have been employed in the United States.
• In case of Blanket L visa applicants, three copies of the Form I-129s and one copy of the Form I-797 need to be submitted.
• Visa renewal applicants will have to submit a copy of the previous expired US visa stamped on their passport.
• First time applicants may consider carrying the following documents:
  • Pay slips from current or most recent place of employment
  • Names and current phone numbers of the personnel managers at your present and previous positions; and
  • Resume or CV.

 

 

Spouse / Dependent Children

• Copy of interview appointment letter, DS-160 Confirmation Barcode printout and US visa application fee receipt.
• Dependents need to submit a copy of the principal applicant's Petition (Form I-797 and Form I-129 as applicable) and visa copy.
•  
• US visa application fee receipt.
• The original Notice of Action Form I-797 of the Principal Applicant.
• Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant
• Photocopy of the Principal Applicant's valid visa (if applying separately).
• Original Marriage Certificate (for spouse) along with your entire wedding photo album.
• Original Birth certificate (for each child).

[satya2k1]

On 10/8/2018 at 2:29 PM, surajr116 said:

Hi,

I've completed my OPT and currently on Stem OPT which expires in feb 2019. 

My F1 Visa has expired this June. My H1b application is picked and got RFE. RFE is answered back with request for Consular Processing. Waiting for response.

I need to travel back to India as im getting married.

If there is no response on my H1b pending application, I have to go for F1 stamping to re-enter US. What documents do I need? What are the risks involved?

Hi Suraj,

You have less chances of getting F1 stamping, as you have finished your program, and also first OPT.  Moreover, you have applied for H1b which shows your dual intent whereas, F1 is strictly for non-immigration intent. I would suggest to travel after you get your H1 approval and then go for H1 stamping.