Travel to India on OPT with H1B approved

[Sujith]

Hi,

My F1 Visa expires on May 23 2013 and OPT will expire on July 9 2013. I will be applying for H1 B premium processing in April 2013.

I am planning to travel to India on May 8th 2013 and return by May 14th 2013.

Can I return USA on OPT ? Will there be any issues at POE with H1B approval on my record and nearing dates of expiry on both F1 and OPT dates?

Do I have obtain Cap Gap VIsa before travel to India?

Please advise.

[Attorney_25]

It is possible you may have trouble entering the US in the situation you describe, and you may have to get H-1B visa and wait until closer to 10/1 to enter the US.

[Sujith]

Thanks for the response. But I was told by my attorney that there are people who traveled with expired visa and returned back to US just on OPT validity. I know entrance is completely on the discretion of POE officer but want to know which factors affect my chances of coming back. I have to attend an important function in India and hence would like to know the probability of rejection.

[nvallabh]

I am in a similar situation...Like in Sujiths scenario...I would like to know what would POE officer give preference to May 23(When F1 expires) or July 9(when OPT expires)

Also last time I entered US valid until date on my I-94 says: F1 D/S

What does that mean??

[rahul412]

But I was told by my attorney that there are people who traveled with expired visa and returned back to US just on OPT validity. I know entrance is completely on the discretion of POE officer but want to know which factors affect my chances of coming back.

No that's not possible. Every first thing checked at the POE is your VISA, if this is valid then asks for the supporting documents like 797 in your case I20 and OPT card.

If one can enter with expired visa then no one attends for visa interview.

[rahul412]

Also last time I entered US valid until date on my I-94 says: F1 D/S

What does that mean??

D/S- duration of stay. That's till your I20 expiration date.

[nvallabh]

Thanks Rahul412.

Does i20 expiration date mean end of my STEM extension date?

[rahul412]

Thanks Rahul412.

Does i20 expiration date mean end of my STEM extension date?

Yes, your I20 expiration date =STEM ext expiration date.(that's 17 months after initial OPT expired).

[JoeF]

Thanks for the response. But I was told by my attorney that there are people who traveled with expired visa and returned back to US just on OPT validity.

That would only be possible for travel to Canada or Mexico and some Caribbean Islands. There is a special rule for that.

In all other cases, you need to have a valid visa to enter the US.

[neha_hyd]

@JoeF -- I am some what in similar situtaion...In this case...

Visa expiration is May 23th and POE will be May 14th, that means VISA is still valid and its NOT expired...

In my case...My H1 visa stamp is expiring one week before my arrival(POE) but I have approved I797 for next 2 years, can I travel and I have job and never been on bench....Should that be okay???