Travel to India on OPT while H1 is still in processing

[anjali]

Hi,

 

I'm on opt extension right now, which ends on Dec 2013. My employer has already filed for h1b in this April but I got a Query to be answered by July 22nd.

 

Can, I visit India for my marriage in Aug and return before in Sep?

 

I have a valid visa stamped on OPT till 2017 and I have my OPT till dec 2013. I have my university DSO signed latest I-20 copy valid thru dec 203.

But since my H1 is been applied this year and it still in processing(a query on it to answer), I am just worried if I can return back in a month (Aug)?

 

can any one suggest me, my next move should be,  to get rid of issues from immigration ? please

[livliv]

You can certainly travel and return.

However, if H1 petition is pending when you travel, it is possible that the change of status part of the petition may not get approved or it is possible that it gets approved while you are abroad creating confusion about whether your status is changed or not. If that happens you may need to change status later.