travel on opt when it is getting expired soon

[qa_engineer]

Hi ,

I did my Masters in Computer Science from San Diego Stat University in spring 2012. I received my degree too. I came to US for Masters in jan 2009 on f1 visa. My F1 visa will expire at about 2014 jan.

I want to go to India for my marriage next year ie. In 2013.

My Opt is going to expire at about May 25, 2013.

Currently I am working as software quality assurance engineer in a company . Company is located in San Diego but I work at client’s (University of southern California, los angeles) location since May 2012. Previously I was working at same company but in San Diego at company’s location since Sep 6 2012.

My current company is willing to sponsor h1b for me but they can apply for that in April 2013 and even if it got approved, h1b will start from October 2013. Therefore I cannot go to India between May to October I think because I will not be on OPT in that duration as well as my H1B will not get started. Also I have heard that one should stay at least for 6 months in us after h1b starts then only one should go back to India for stamping.

Please answers following questions:

1) I want to know if it is risky to travel to India while being on OPT even if I have valid f1 visa, passport, job offer letter, ead card?

2) Also please let me know list of all documents I need to come back to US on opt?

3) what is best time for me to travel to India in 2013 for about a month?

I need to go to india in 2013 in any case. Please advise me, I will be very thankful to you.

Thanks

[pontevecchio]

"I think because I will not be on OPT in that duration"

If your employer files a H1 petition with COS in April you will be allowed cap gap and be able to work till the H1 start date . You could continue working and then plan to go home in September and return with a H1 visa up to 10 days before October,1.

[pramak9]

I agree with pontevecchio. You can continue working with your employer on OPT and cap-gap and go to india in september and return around Oct first week with your new H1 stamping. Since you are already working with same employer and your H1 is with the same employer, you should not have any problem with your stamping. It is the similar situation i was back in 2004. But back then there was no cap-gap, so i had to leave US in may (my OPT expired) and came back in Oct-2004 with H1 stamping.

Good luck

[harayy]

Hi ,

I did my Masters in Computer Science from San Diego Stat University in spring 2012. I received my degree too. I came to US for Masters in jan 2009 on f1 visa. My F1 visa will expire at about 2014 jan.

I want to go to India for my marriage next year ie. In 2013.

My Opt is going to expire at about May 25, 2013.

Currently I am working as software quality assurance engineer in a company . Company is located in San Diego but I work at client’s (University of southern California, los angeles) location since May 2012. Previously I was working at same company but in San Diego at company’s location since Sep 6 2012.

My current company is willing to sponsor h1b for me but they can apply for that in April 2013 and even if it got approved, h1b will start from October 2013. Therefore I cannot go to India between May to October I think because I will not be on OPT in that duration as well as my H1B will not get started. Also I have heard that one should stay at least for 6 months in us after h1b starts then only one should go back to India for stamping.

Please answers following questions:

1) I want to know if it is risky to travel to India while being on OPT even if I have valid f1 visa, passport, job offer letter, ead card?

2) Also please let me know list of all documents I need to come back to US on opt?

3) what is best time for me to travel to India in 2013 for about a month?

I need to go to india in 2013 in any case. Please advise me, I will be very thankful to you.

Thanks

Hi,

 

I am in the same situation this year. My EAD is expiring in may 2014 and visa in june 2014. My employer will apply for my H1 in April 2014.

I need to travel to India early next year and I was wondering what you did in this situtation and if everything went well for you (Hope it did!)

I appreciate your response.

 

Thanks..