Travelling on OPT visa / H1B filing in April

[naveen85]

Hi,

OPT expiry date: 06/01/2014 (STEM extension)

F1 visa expiry date: 08/06/2014

I'll be applying for H1B (maybe premium) this year and currently employed full time.

I want to travel to India between May 3rd week and June 2nd week.

My concern is that if my H1b gets approved and I travel, will I have issues coming back ?

Any suggestions / advice is much appreciated.

Thanks

N

[Attorney_11]

Travel while a change of status application is pending can abandon the change of status request. Travel is always a risk. Travel after the change of status request is approved may not abandon the change of status but may present questions regarding nonimmigrant intent upon admission when returning on F-1 visa. It is a good idea to prepare and discuss personal situations to anticipate possible outcomes with a qualified immigration attorney.

[naveen85]

I did speak to my immigration lawyer and she says that there should not be an issue as my F1 visa is valid, OPT is valid until mid next year and so is my I 20.

I'm getting mixed responses with regards to this. I was also told that my application would be proccessed faster as it would be done in premium.

Has anyone had a similar situation like me and travelled without any issues? Any experiences and suggestions is much appreciated.

[itsmeusa]

@naveen85 - I agree with "Attorney 11". Even if you have valid F1 stamp on passport and I-20 valid, it sounds like you have completed your course. So, if POE Immi. officer finds this out, he would not let you enter (possibility) as you won't be joining any university. Plus, another issue of non-immigrant intent as presented by "Attorney 11". So, why take chance. Anyway, your H-1B will be filed under premium. Only thing is that you would need to get H-1B visa stamped on your passport to re-enter.

[naveen85]

Thanks guys ! Looks like it seems safer to stay back. Appreciate the help.