Travelling on OPT with approved H1

[krisbrown]

Hi All,

I have my OPT ending on Dec 2012 and Have got H1B approved, which starts from October 2012.

Can I travel to india(home) in month of July/ September on my OPT status?

Thanks,

Kris

[kalyan_ac]

Have you graduated?Do you have a job in hand?

[livliv]

You can certainly leave the US. But if you return in F1 status (using OPT), whether the previously approved change of status to H1 remains valid or not becomes a matter of confusion. To avoid the confusion you should obtain H1B Visa while abroad and return in H1 status on or after Oct 1.

[wiweq]

"Can I travel to india(home) in month of July/ September on my OPT status?"

Yes you can travel. Because you have H1b approved with COS, your COS is also approved which is scheduled on Oct 1st. Be present in USA before Oct 1st on F1 status.

OPT is not the status, F1 is the status.

Read this link to learn more: http://www.murthy.com/news/n_cosapp.html

[krisbrown]

Thanks all,

I have graduated back in May 2010. Currently,I hold a job and had H1B approved for 9 months; which starts from Oct 2012.

If I go in October/Nov 2012, Would I be having issues in getting the stamping done?

[wiweq]

"You can certainly leave the US. But if you return in F1 status (using OPT), whether the previously approved change of status to H1 remains valid or not becomes a matter of confusion. To avoid the confusion you should obtain H1B Visa while abroad and return in H1 status on or after Oct 1."

=> There is no confusion. If the student has approved H1b with COS, s/he can return in F1 status before Oct 1st. The COS approved with H1b is scheduled at Oct 1st, before this whatever you do doesn't matter but maintain the F1 on Oct 1st.

Simple and clear. Go through this Murhty/ USCIS link, this talks this case in detail: http://www.murthy.com/news/n_cosapp.html

[livliv]

"You can certainly leave the US. But if you return in F1 status (using OPT), whether the previously approved change of status to H1 remains valid or not becomes a matter of confusion. To avoid the confusion you should obtain H1B Visa while abroad and return in H1 status on or after Oct 1."

=> There is no confusion. If the student has approved H1b with COS, s/he can return in F1 status before Oct 1st. The COS approved with H1b is scheduled at Oct 1st, before this whatever you do doesn't matter but maintain the F1 on Oct 1st.

Simple and clear. Go through this Murhty/ USCIS link, this talks this case in detail: http://www.murthy.com/news/n_cosapp.html

I had read this before. But, I would still say that instead of leaving the status to some interprerative letter, it is better to just get the Visa and return without any confusion. It is a simpler and cleaner approach.