Traveling India Before H1B start Date

[imsam345]

Hi,

 

I have completed Master’s and currently working on OPT-extension which is valid till October 2014. I have a valid F1 Visa (on passport) till 2015. I filed for H1-B in premium process this year and received receipt but unfortunately got RFE. I responded to RFE and hopefully expecting H1B approved.

 

I’m planning to visit India in the month of July 2014. 

I have the following questions, your advice and suggestions will greatly be appreciated.

 

1)Suppose if my H1B approved before July .Can I visit India on OPT status as I mentioned OPT is valid till Oct 2014.

2) Will the change of status from F1 to H1 takes effect from the date of H1-B approval or from October 1st? Will my F1 Visa be voided the moment H1 is approved?

3) Can I reenter United States on F1 Visa (as I will return in August) or do I need to get H1-B stamping done?

4) My H1-B is filed with my current I94; on my return I will get a new I94, will it has any effect on approved H1-B?

5) What are the complications I might face while returning? 

6) In your opinion is it OK to travel in this scenario?

 

Please assist and facilitate my vacation plan.

[jairichi]

Hi,

 

I have completed Master’s and currently working on OPT-extension which is valid till October 2014. I have a valid F1 Visa (on passport) till 2015. I filed for H1-B in premium process this year and received receipt but unfortunately got RFE. I responded to RFE and hopefully expecting H1B approved.

 

I’m planning to visit India in the month of July 2014. 

I have the following questions, your advice and suggestions will greatly be appreciated.

 

1)Suppose if my H1B approved before July .Can I visit India on OPT status as I mentioned OPT is valid till Oct 2014.

2) Will the change of status from F1 to H1 takes effect from the date of H1-B approval or from October 1st? Will my F1 Visa be voided the moment H1 is approved?

3) Can I reenter United States on F1 Visa (as I will return in August) or do I need to get H1-B stamping done?

4) My H1-B is filed with my current I94; on my return I will get a new I94, will it has any effect on approved H1-B?

5) What are the complications I might face while returning? 

6) In your opinion is it OK to travel in this scenario?

 

Please assist and facilitate my vacation plan.

1. When you visit India there is no OPT status in India.

2. Oct 1st.

3. Yes, you can enter on F1 visa.

4. If H1B is approved before your travel then no issues.

[imsam345]

Thank You for the quick response. I have discussed with my company's attorney but he is telling there will be some complications if I visit India even after H1B approval. He said I will get a new i94 number when I come back to USA and this I94 will not  match with the I94 I have in my H1B profile. He said I need to do a new H1B with the new I94 (which I may get on my return to USA) all over again . Can't I update the new I94 number in the approved H1B profile?

[jairichi]

Thank You for the quick response. I have discussed with my company's attorney but he is telling there will be some complications if I visit India even after H1B approval. He said I will get a new i94 number when I come back to USA and this I94 will not  match with the I94 I have in my H1B profile. He said I need to do a new H1B with the new I94 (which I may get on my return to USA) all over again . Can't I update the new I94 number in the approved H1B profile?

Check this link.

http://www.murthy.com/2013/04/08/h1b-transition-issues-international-travel/

[imsam345]

Thank You..!