Can I come back on OPT when H1B under processing


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I have completed my PhD in Dec 2012 and since then have been working in a startup. I applied for my H1B through this company, and received a RFE to submit my transcripts. I gave these documents to my employer to mail them out, but for reason unknown he is not mailing them and not communicating with me.

I am going to India at the end of May for 3 weeks to get married. With the way things are going on, I anticipate that I will not get a letter from my employer that I will come back and work for this company. So thereby no employement by the time I come back.

Can I come back to USA by getting a letter from my PhD professor that I will come and join her to do research, maybe as a postdoc (but it will be unpaid). If the letter doesnot mention the salary, is it ok? I can ask her to not mention anything about the salary in the letter.

Is it ok if I go to India with the H1B still under processing from this company, and I come back saying that I will work with my Professor?

If my employer does not send my transcripts to USCIS by July 12 they will reject it, which is fine at this point, but will it effect my OPT status in any way? What options do I have?

Sorry for the long post, please advise. Thanks!!

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Rule #1: Do NOT lie to immigration officials. I was hoping that somebody with a PhD would know that kind of stuff...

You can only say that you work with your professor if that is actually true. If you get caught in a lie (it is easy, the officer can just call the professor or other university officials), you risk getting banned for life.

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Your advisor generally does not have the authority to offer you official employment. Universities have very strict policies and procedures for employment even for post docs. Do not depend on her to provide this letter. It should come from a properly authorized university official. This would certainly be the case for employment as an H1B worker.

It is not the responsibility of universities to provide employment for their graduates. It is not their responsibility to create positions to assist you in maintaining US visa status.

Did you even bother to obtain vacation time from your employer to take off for your wedding? Are you leaving in the middle of a critical project? If so, the reason for his lack of support is understandable.

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