Travelling to mexico on OPT, H1B approval pending

[ashish2240]

My wife is working in USA on OPT. Her employer is about to apply for her H1B visa.

We will be travelling to mexico for 5 days in July. We are wondering if there could be potential problems in her re-entry If her H1B approval comes before or during our travel.

From online searches (http://internationalcenter.umich.edu/immig/h1bvisa/h1b_travel.html#canmex), seems like she could use her current I94 for re-entry without H1B stamping in such a case. Wanted to see if anyone has experienced this or has any comments in this regards. Also, could there be problems if her approval comes while we are travelling?

[Attorney_20]

Generally, a pending Change of Status (COS) petition will be deemed abandoned (and subsequently denied) by USCIS if the foreign national travels while it is pending. Travel during the OPT "cap gap" period is also generally prohibited. In limited circumstances, a foreign national can travel after the COS petition is approved but before the effective date if s/he is maintaining another nonimmigrant status at the time of reentry into the U.S.

You and your wife should discuss your case and travel plans with an experienced immigration attorney to make sure there are no issues with the H1B COS petition her prospective employer plans to file.