Urgent information....travel during H1-B is pending

[anusha_rao]

Hi All,

My H1-B processing is still pending. I have my valid F1 and OPT stem extension Visa.And i need to travel to my home country this week on an emergency.

1) Can i travel when the case is pending? what are problems we can have?

2) What if my H1-B gets approved after i travel and while returning i can have the valid H1 documents?

3) Do we get problems with I-94?

Please let me know your inputs. Thanks

[pontevecchio]

If you travel now the COS to H1 is invalid though the H1 petition will be decided on merits. You will need to get a H1 visa in September or so and come back with the visa up to 10 days before start. Make sure to inform HR before you leave.