Mohan87 Posted January 30, 2014 Report Share Posted January 30, 2014 Hello, I am currently on a valid student visa and applying H1B this year by April 1st and due to the personal reasons I have to travel to india on April 4th - May 15th. I've been hearing that I should not travel when my H1B application is in process even though I have a valid student visa. Will my H1 get rejected because of my travel? Or If it approves, the Change of status won't happen? Another confusion is whether to apply premium processing or regular processing. If I apply Premium processing my H1B will be approved before I return to USA. Would it be a problem at the port of entry even with a valid student visa? My plans to india can't be postponed so is there any way to make my H1b application process and re enter USA without any problem? Any help is appreciated! Link to comment
jairichi Posted January 30, 2014 Report Share Posted January 30, 2014 Hello, I am currently on a valid student visa and applying H1B this year by April 1st and due to the personal reasons I have to travel to india on April 4th - May 15th. I've been hearing that I should not travel when my H1B application is in process even though I have a valid student visa. Will my H1 get rejected because of my travel? Or If it approves, the Change of status won't happen? Another confusion is whether to apply premium processing or regular processing. If I apply Premium processing my H1B will be approved before I return to USA. Would it be a problem at the port of entry even with a valid student visa? My plans to india can't be postponed so is there any way to make my H1b application process and re enter USA without any problem? Any help is appreciated! You can travel. But, if you travel before a decision is made then your COS request would be declined. There will be no problem to enter US with your F1 visa even after H1B petition is approved. Link to comment
Mohan87 Posted January 30, 2014 Author Report Share Posted January 30, 2014 You can travel. But, if you travel before a decision is made then your COS request would be declined. There will be no problem to enter US with your F1 visa even after H1B petition is approved. Thank you for your reply! In my case, as I am travelling on Apr 4th to India the decision on my H1b will not be made. So now I am sure that the COS will be declined. But, COS would be declined means my H1B application will be rejected? Or If H1B gets approved without the COS what steps I need to take to be able to start working on my H1B in October after reentering USA on my F1 visa. Link to comment
jairichi Posted January 31, 2014 Report Share Posted January 31, 2014 Thank you for your reply! In my case, as I am travelling on Apr 4th to India the decision on my H1b will not be made. So now I am sure that the COS will be declined. But, COS would be declined means my H1B application will be rejected? Or If H1B gets approved without the COS what steps I need to take to be able to start working on my H1B in October after reentering USA on my F1 visa. When you travel before a decision is made on H1B petition only COS is considered abandoned and not the petition. USCIS will still process your H1B petition. Once your H1B gets approved and you later enter US on F1 visa you would need to exit and enter US with a valid H1B visa to be on H1B status and to start working for employer. Link to comment
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