CAP-GAP Travel

[krishna2123]

Hello,

I am on OPT now and I have filed an OPT extension on Feb 8th, it is in process. And meanwhile my Employer had filed a H1-B in april. Even that is in process.

My question is :

Case 1 : let's say if my H1 - Approved in May.And meanwhile if i receive my OPT extension EAD card. Can I travel to India before October 1st ?

Case 2: My H1 - Approved in May. And didn't received my OPT card extension by that time. Can i travel to India with CAP-GAP I20 ?

Case 3: My H1- declined. Here i think i need to wait for my OPT extension for sure to travel.

Note: My F1 - Visa is going to expire in December 2013.

What happens to my F1-Visa if my H1-B got approved ? Can travel before October 1st with my F1-Visa ? Does my F1-Visa status valid up to Oct 1st ? When i reached at US immigration counter at Airport(Port of Entry) i.e; before OCT 1st whether they can Validate my VISA ? What are the documents I need to present them for a re-entry ?

[Attorney_10]

Generally, it is not recommended to travel until the change of status to H1B takes effect. One cannot travel internationally while taking advantage of cap gap or while the STEM OPT extension is pending. Also, there are risks associated with travelling while in valid F-1 status with valid OPT and the beneficiary must meet certain requirements. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case and to determine whether you can travel and the associated risks.