Travel to india for H1 stamping in Oct or before stamping in Aug


munna618

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Hii All,

 

I am confused to travel to India,either in Oct 1st week or in the month of august.

Can you guys please suggest me which is better for my situation.

 

Currently i am in F1 - Opt (stem)status, and it is valid til next year july. And also my H1b visa petition is approved.

 

i am working for an average employer (with 100 employees max in it) and my client is state client. They will also provide me the client letter if  needed and also a vendor in between who provides a letter too.

 

my contract is till oct 15th -- so, i am planning to travel in sept ending and get stamping done in oct 1st week and return before my contract finishes. My H1 visa is starting from oct 1st...and i will not have any paychecks on my new H1 visa, (which is required to carry for h1b stamping) but i will have my paychecks of sept month (opt's paychecks).

So my concern is 1). about the paychecks, 2)not that big employer 3)contract ends by oct 15th

 

Keeping all these in mind, is it still good to take risk and go for stamping in oct 1st week (as i will have a state client letter which might be little benefit  and wanted to make use of it ) or 

do i travel in august in my opt period and return back by august itself to be in safe side?

 

My employer suggested me to travel in august itself and asked me to avoid for  h1 stamping in oct ..because the H1stamping & immigration rules have become strict and they might deport if anythng goes wrong..so asked me not to take risk 

 

Can you guys suggest me based on your experience...which step is better to take.

Thank you guys in advance. :)

 

 

 

 

 

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  • 3 weeks later...

the risk never ends with the E-V-C model, be it either Aug or next year...if not at H1 stamping, they can filter you at POE, if you don't have legitimate work required to fulfill your H1 related duties upon ur reentry...

I have the same kind of issue, just little bit different. I am planning to visit India for about 10 days. Currently i am on OPT Extension and expires next year of july. My H1b is also approved this year and it starts from OCT 1st. will it safe to visit india with my opt or not. During the POE will they ask H1b approved letter or any related documents.

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if you are fulfilling the OPT requirements ( what are they now? continuous employment in the field of study?)

 

even if the POE officer asks H1 questions, that shouldn't impact you as the H1B is not effective until October 1st.

 

my personal advice..never put life on hold (esp visiting parents) due to immigration fears...

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