Possibility to travel to India with valid OPT ead and expired visa

[Ath804]

Hi,

I am currently on Stem OPT extension. My F1 visa will expire by July 15, 2020 and my stem opt EAD is valid until October 5, 2020.

My employer has applied for my H1B  this year and my application is selected in lottery. While my H1B application is in pending status, Can i travel to India in August, 2020 with an expired visa and valid EAD? 

I was informed that with valid visa, I can travel outside USA while my H1b application is pending and the only requirement is that if my H1 is approved, I have to go to India for stamping in October to obtain my I-94. But I want to know if I can still do that with expired visa and valid stem opt EAD.

 

[pontevecchio]

If you travel in August, you will not be able to return in F1 status and will need an H1 visa to return 10 days before starting in H1 status.

[cap-gap]

You got your understanding mixed up..your  situation got nothing to do with your F1 visa stamp expired or not..

With your F1 to H1, you need to get a new H1 stamp to renter regardless, if you go for India trip..and that’s assuming the H1 approval is in place by then..

[MurthyIndia_Lawyer]

Hello,

One would need a valid visa to be able to board a flight and present oneself at the port-of-entry for admission. If the return date is after July 15, 2020, then a new F1 visa would have to be obtained. With a pending H1B application, the possibility of F1 being approved is bleak. 

Additionally, if one travels after the change of status with a future date is approved, then one may be able to return to the U.S. and the change of status will come into effect on the future date. However, if one travels outside of the U.S. while the application for change of status is pending, then the request for change of status is considered abandoned. 

Keeping this in mind, it may be best to avoid travelling out of the U.S., unless it is inevitable. If you decide to travel and the return date is after July 15, 2020, you need to apply for a F1 visa if you wish to return in F1 status, . If your travel date is later, then you need to apply for a H1B visa at a consulate abroad prior to returning to the U.S. If you need assistance with the same, feel free to reach out to us at info@murthyindia.com