Travel to India while H1B is under processing


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One of my Cousin who is currently on F-1 OPT applied for H1B this FY. He had to travel to India this weekend to pay the last respects to his dad. He was notified by his employer that H1B application was picked in the lottery right after he reached India. Can someone please shed some light on what happens with his H1B process and his current F-1 Status as he traveled to India during the H1B process. Can he to come back after the Funeral with his current valid F1 stamping? Will the H1B process be still continue?

Edited by krsepuri
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the straight answer to your question first, YES He can go to India

What needs to be kept in mind though is that if his H1 is approved during the time he is in India, then he may not get his I-94. But that should not be an issue. He needs to go to India again in September end-ish and get his visa stamped before he starts working from Oct 1. Hope this helps!

 

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