H1B amd travel to India

[durisetti]

I badly need some help and advise. I am currently on OPT, which expires in Oct 2012. My employer has filed for my Labor and LCA got certified and now they are putting together paperwork to file my H1B.

Is it fine for me to travel to India, after i get the receipt from USCIS (not approval)? And while coming back, I would technically still be on OPT??

Will there be any issues while my h1b is bring processed, if i leave the country?

Please help me out!

Thanks in advance for your suggestions,

[livliv]

You should not do that. The change of status part of the petition may get denied and you will have to again obtain change of status. You should travel after approval.

[wiweq]

If you are leaving USA while your H1b is not approved and still in processing, your H1b may approved but not the COS (F1 to H1b). This will result your I797 with no I94 attached. To approve this COS you need to be present in USA on F1 status. In case, you need to leave file the COS once you are in USA or get H1b stamping and enter in USA on Oct 1st. Even though you can get H1b stamping on Sept 1st, you can’t work on OPT if entering in USA on H1b visa.

Better to get the H1b approved while you are in USA. Or plan to enter in USA on Oct1st after getting H1b stamping.

If your H1b is approved before leaving USA, there is no problem in entering in USA before Oct 1st. Your COS will be scheduled on Oct 1st.

Need more details? Read: http://www.murthy.com/news/n_cosapp.html

[ImmiSpecialist]

Hello,

If you H1 will approved, you have permission to work on H1B from Oct 01, 2012 only. Until October you will be on OPT only. So, before October 1st you can travel to India. Make sure, your H1 must approved before go to India. Its become plus point to u....

[durisetti]

@All: Thank you so much for the advice! You guys are doing a real good job by helping out people with queries like this!! Once again thanks :)