H1B is approved but need to travel India on August

[SDutta12]

Greetings,

My H1B (new application, not transfer) got approved this month (for FY 2012). I was on OPT which has expiry date as August 23rd, 2012, my school has already extended the I20 till September 30 2012.

I want to go to India on the last week of August and returning back mid week of September. Now my questions are:

1. Is it at all possible or safe to go to India having approved H1B before October 1st?

2. If I go to India can I get stamping done from India before Octobor 1st? Also on which visa status I will be coming back?

FYI: I am working as a full time employee for a company (direct hire, non-desi company).

3. Suppose I am coming back on September 12th, 2012 and resume working, on which status I will be working till October 1st?

Please advice as this is kind of urgent for me to travel India soon. I really appreciate your help.

Thanks in advance.

[wiweq]

1. Is it at all possible or safe to go to India having approved H1B before October 1st?

=> Yes, no problem. For successful COS (F1 to H1b), you need to maintain F1 visa till Sept 30th.

2. If I go to India can I get stamping done from India before Octobor 1st? Also on which visa status I will be coming back?

FYI: I am working as a full time employee for a company (direct hire, non-desi company).

=> You can get H1b stamping. Because your H1b starts from Oct 1st, you need to be in F1 till Sept 30, so you need to use F1 visa to enter in USA before Oct 1st.

3. Suppose I am coming back on September 12th, 2012 and resume working, on which status I will be working till October 1st?

=> Of course, F1, because your H1b starts from Oct 1st..

[pontevecchio]

You could also get the H1 visa and come back up to 10 days before the start date. In such cases do not extrapolate.. Ask your supervisor/HR/Company Lawyer.

[chtummala]

1 you can not come back wile you are in cap gap ..

2 yes .. you will come back on h1b if your get you stamping done ..

3 you can not work till oct1(h1b start date) if you come back on h1b ..

and you can not come back on Cap gap OPT ..

[lukky]

I guess you are now on OPT. so, since your H1B will be effective from oct 2012 you should be safe to go to india and come back on F1 visa itself, provided your F1 is valid past your travel.

Going for H1b visa stamping is optional in your case, but its upto you.

You may be stopped by CBP saying you are almost at verge of completing you OPT or OPT extension or cap gap i20, but it is very rare.

to be safe, get a new i20 from your school.

[chtummala]

1. Is it at all possible or safe to go to India having approved H1B before October 1st?

=> Yes, no problem. For successful COS (F1 to H1b), you need to maintain F1 visa till Sept 30th.

his opt is expiring on aug 23.. he will be in cap gap ..

[SDutta12]

Thank you everyone. It is really helpful.

So I think to be on safe side it is not adivasble to travel to India on August as my OPT is expiring on August 23rd and I will be on cap-gap between August 24th to September 30.

Just onemore question:

My company is moving to a new building next week. How can I notify USCIS about the new address or our company's lawyear will do it for me.