kumar.t Posted June 17, 2013 Report Posted June 17, 2013 Hi, I'm on opt extension right now, which ends on june 2014. I will apply h1b next year(2014). can, I visit india next year during april - june for my brother's marriage ? how my throughs are 1.) apply for master's again in January. and take a sem break in summer and visit india. 2.) if my h1b approved before my visit, can I come back to usa, based on that ? can any one suggest me, my next move should be, to get rid of issues from immigration ? please
livliv Posted June 17, 2013 Report Posted June 17, 2013 Why do you want to join Master's degree again?
kumar.t Posted June 18, 2013 Author Report Posted June 18, 2013 As my opt extension ends in june. My h1b is not valid until october. So, I'm planning to re join. Is any other way, I can visit india without immigration issues ?
livliv Posted June 18, 2013 Report Posted June 18, 2013 There is no need. If H1B is filed in April, you are eligible for cap-gap extension of OPT between Jun and Oct. If you want to leave the US between April and June. There are many complications to keep in mind. The best way to avoid complications is this. File H1 petition in April with premium processing. Leave the US only after it gets approved. Return to US before OPT ends (at least 2 weeks before OPT expiry). Provide your school's DSO with a copy of the H1B approval notice so that they can authorized cap-gap extension. When does the F1 Visa in your passport expire? If any of the above is not possible, change your plans.
tan26809 Posted June 19, 2013 Report Posted June 19, 2013 I have a query , I am on H4 and plan to change my status to F1 , however I will have to go to India in December to attend my brother's wedding . My question is , is it advisable to go to India during this time . I am assuming , my COS gets approved during this time frame , as the maximum time they say for F1 processing is 3 months .I am aware, I'll have to go for Visa stamping
pontevecchio Posted June 19, 2013 Report Posted June 19, 2013 Since you have to get the F1 visa the COS does not matter.
F1struggle Posted June 25, 2013 Report Posted June 25, 2013 ponteveccchio -- i thought they ask for copy of current status proof? so we will have to show COS, which makes it relevant. am i wrong? i am on OPT, started 2 months back. do i have the same risk/issues after COS when i visit home country
kumar.t Posted July 3, 2013 Author Report Posted July 3, 2013 There is no need. If H1B is filed in April, you are eligible for cap-gap extension of OPT between Jun and Oct. If you want to leave the US between April and June. There are many complications to keep in mind. The best way to avoid complications is this. File H1 petition in April with premium processing. Leave the US only after it gets approved. Return to US before OPT ends (at least 2 weeks before OPT expiry). Provide your school's DSO with a copy of the H1B approval notice so that they can authorized cap-gap extension. When does the F1 Visa in your passport expire? If any of the above is not possible, change your plans. Hi livliv, Sorry for late reply, My extension - opt ends on june 19th. I Have a small question. Suppose, if my h1b approved and i return back from india( before 2-weeks of my opt end date). How can i support my self before immigration. if they ask " why are returning back to usa, when your opt is going to end in few days " ? Pls suggest me, I will be more clear. Thanks,
pontevecchio Posted July 3, 2013 Report Posted July 3, 2013 @F1 struggle, It is always a good idea to start your own thread in future. The story of your Immigration life is available to them. Travel negates the COS to F1. When does the H4 I94 expire?
livliv Posted July 5, 2013 Report Posted July 5, 2013 Hi livliv, Sorry for late reply, My extension - opt ends on june 19th. I Have a small question. Suppose, if my h1b approved and i return back from india( before 2-weeks of my opt end date). How can i support my self before immigration. if they ask " why are returning back to usa, when your opt is going to end in few days " ? Pls suggest me, I will be more clear. Thanks, You will need to explain the H1B petition and cap-gap extension in that case. That's why if you can leave more than 2 weeks, that will be better.
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