Travel to India after H1B approval

[cooltejus@gmail.com]

Hello,

 

I am tejaswi, I am working on opt as a full time employee which expires on August 1st,2014.

My employer is applying H1b in april 2014.

1) In a situation where I get my H1b petition approved through premium processing in the month of May Can I travel to India in May and return in June on my valid opt card.

2)When I return in June I will be given a new I-94 which does not match with the H1B applied I-94. Do you think this would be a problem in future or at the port of entry?

3)Can you please tell me if you see any issues if I go to India.

 

 

Thanks

Tejaswi

[jairichi]

 

Hello,

 

I am tejaswi, I am working on opt as a full time employee which expires on August 1st,2014.

My employer is applying H1b in april 2014.

1) In a situation where I get my H1b petition approved through premium processing in the month of May Can I travel to India in May and return in June on my valid opt card.

2)When I return in June I will be given a new I-94 which does not match with the H1B applied I-94. Do you think this would be a problem in future or at the port of entry?

3)Can you please tell me if you see any issues if I go to India.

 

 

Thanks

Tejaswi

 

1. I believe yes if you have a valid F1 visa. I am not 100% sure about this.

2. It will not be a problem as your H1B petition was approved before your travel. From 1st Oct you would automatically move to H1B status.

 

Wait for others opinion on question 1.

[ragzreddy1]

I have posted a similar question on thsi thread.

 

Can someone help us with this ?

 

Thanks

[vkavya9]

Hi Tejaswi,

 

My issue is bit similar to the one you posted. Can you please answer my question.

 

I have come to US for my MS in EE in 2012 on F-1 student visa which is valid until May 31 2017. I graduated on August 1st 2014 and my OPT started on October 6th 2014 and it is valid until September 29 2015. I am working as an electrical engineer for a company since November 1st 2014. I will be applying for an extension in July. Now I would like to apply for H1B 2016. But the question is I have to travel to India on May 23rd 2015 and return back on July 1st 2015. If I apply for H1B say if it gets picked in the lottery then can I return back on July 1st on F-1 or OPT? After return, if H1B petition gets approved can I work until October 1st because I dont want to invoke my H1 right now anyway.

 

Now my question is were you allowed to work once the petition is approved after returning until October. 

Thanks in advance for your answer.

F1 valid until: 31 May 2014
OPT valid until: September 29th 2015
Travel dates: May 23rd 2015 through July 1st 2015
Will Apply for STEM extension: July 2nd 2015

Regards,
Kavya

[jairichi]

Hi Tejaswi,

 

My issue is bit similar to the one you posted. Can you please answer my question.

 

I have come to US for my MS in EE in 2012 on F-1 student visa which is valid until May 31 2017. I graduated on August 1st 2014 and my OPT started on October 6th 2014 and it is valid until September 29 2015. I am working as an electrical engineer for a company since November 1st 2014. I will be applying for an extension in July. Now I would like to apply for H1B 2016. But the question is I have to travel to India on May 23rd 2015 and return back on July 1st 2015. If I apply for H1B say if it gets picked in the lottery then can I return back on July 1st on F-1 or OPT? After return, if H1B petition gets approved can I work until October 1st because I dont want to invoke my H1 right now anyway.

 

Now my question is were you allowed to work once the petition is approved after returning until October. 

Thanks in advance for your answer.

F1 valid until: 31 May 2014

OPT valid until: September 29th 2015

Travel dates: May 23rd 2015 through July 1st 2015

Will Apply for STEM extension: July 2nd 2015

Regards,

Kavya

If you have a valid F1 visa and OPT-EAD card you can come back to US. Only if your H1B petition is filed as COS and if approved before your travel you will automatically move to H1B status from Oct 1st.