Travel during OPT cap-gap extension


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I am currently on OPT-extension period ending in May.


My employer will be filing for H1-B visa through premium processing.


No matter what I have to be in India in June.


I am aware of the fact that once I leave US then I cannot re-enter again until 20th September.


I read somewhere that general rule is that an application to change status (from F-1 to H-1B) is abandoned if the applicant departs from the U.S. while it is pending.


Since my employer will file for premium processing does it mean that i will have the result by end of April or May (whatever be the time for premium processing) and I will be able to depart US in June?



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It is safe to travel after your H-1 application is picked and approved. Since you are using premium processing you will get a decision at least by mid of May if your application is picked in lottery. Couple of scenarios you need to think. Not discouraging you but just giving you additional information based on my past experiences. 


  1. What if there is an RFE? That will take additional time.
  2. What if your application is not picked in the lottery?

These are the 2 scenarios you need to consider. I wish everything goes well for you.

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