Currently on OPT, applying for H1b in 2014 and travelling to India

[rumit311]

I am currenlty on OPT - STEM extension (F1 visa). My employer will file my H1b in April - 2014 mostly under premium processing. I am planning to travel to India for a month from 15-May-2014 to 16-Jun-2014 for marraige. In this regard, I have following questions based on different situations I could think of:

1.A  I get the decision before I travel to india and:
1.A.a> If it is approved:
             -> I should be fine travelling to India. However, I still cannot get it stamped before 60 days of my start date (10/01). But, I can return to US on my F1 visa as my OPT would be still valid until 09/30. Please confirm.
             -> My wife can apply for H4 and if it is approved, she can come to US on/after 10/1. She can get it stamped before 60 days from 10/1. Please confirm.
1.A.b> If it is rejected:
          -> I should be fine travelling to India return to US on my F1 visa as my OPT would be still valid. Please confirm.

1.B The application is still in process, no decision has been made, I travel to India and:
1.B.a> The decision is made before I return to US. What happens then if:
           -> My application is approved
           -> My application is rejected 1.B.b> The decision is NOT made by the time I plan to return to US. Will be able to travel back to US on my F1 or what will happen then?

Any other details I should know to plan my travel?

 

Regards,

Rumit

[jairichi]

 

I am currenlty on OPT - STEM extension (F1 visa). My employer will file my H1b in April - 2014 mostly under premium processing. I am planning to travel to India for a month from 15-May-2014 to 16-Jun-2014 for marraige. In this regard, I have following questions based on different situations I could think of:

1.A  I get the decision before I travel to india and:

1.A.a> If it is approved:

             -> I should be fine travelling to India. However, I still cannot get it stamped before 60 days of my start date (10/01). But, I can return to US on my F1 visa as my OPT would be still valid until 09/30. Please confirm.

             -> My wife can apply for H4 and if it is approved, she can come to US on/after 10/1. She can get it stamped before 60 days from 10/1. Please confirm.

1.A.b> If it is rejected:

          -> I should be fine travelling to India return to US on my F1 visa as my OPT would be still valid. Please confirm.

1.B The application is still in process, no decision has been made, I travel to India and:

1.B.a> The decision is made before I return to US. What happens then if:

           -> My application is approved

           -> My application is rejected 1.B.b> The decision is NOT made by the time I plan to return to US. Will be able to travel back to US on my F1 or what will happen then?

Any other details I should know to plan my travel?

 

Regards,

Rumit

 

1.A.a. You cannot go earlier than 90 days from your H1B employment start date. But, you can enter US on F1 visa and automatically move to H1B status from 1st Oct provided your H1B petition was approved as COS before you left US.

          Your wife cannot go earlier than 90 days from your H1B employment start date. She can enter US only after 1st Oct.

1.B.a. If approval decision is made after you left US then COS part is abandoned. You can still enter on F1 visa. But, to move to H1B status from 1st Oct either you would need to exit and enter US with a H1B visa or employer files for COS and pay H1B fees again. 

           If denied decision then no H1B.

1.B.b. Yes, you can travel back with F1 visa.