H1 picked but need to travel india

[kanne]

Hi Team,

                Can I travel India if my H-1 got picked or should i wait till i receive my H-1 copy.I need to travel to India for a month.Is it possible? What are the options i have. I am in student visa which will expire on Jul 7th 2015.Currently am on C.P.T status and working for a company.

Thank you

[jairichi]

If your H1b petition was filed as COS and if you travel before a decision is made by USCIS then the COS part of your H1B petition is considered abandoned. You will need to enter US with a valid H1B visa and I797 to start working from Oct 1st.

 

Before that is your CPT a legitimate one? Have you graduated?

[rahul412]

Currently am on C.P.T status and working for a company.

Contact an attorney now. Make sure your CPT is legitimate.

Is your H1 and CPT employer both one and same?

[kanne]

Hi All,

                 Yes my H-1 and C.P.T employer is the same.My C.P.T is legitimate. I applied H-1 for the first time not the extension.I will graduate next year after April 2016.My concern here is can i leave to India on JUN 20th 2015 and return back after OCT 1st week after i receive my H-1 copy as F-1 visa status is expiring on Jul 7th 2015 and I do not want to get the F-1 stamped again but want the H-1 status.Can i leave the country at this moment?I have health issue so i will take permission from school as well and next Semester will be my break so Can i go to India and return after i get my approval copy of H-1.

Thank You

[jairichi]

Hi All,

                 Yes my H-1 and C.P.T employer is the same.My C.P.T is legitimate. I applied H-1 for the first time not the extension.I will graduate next year after April 2016.My concern here is can i leave to India on JUN 20th 2015 and return back after OCT 1st week after i receive my H-1 copy as F-1 visa status is expiring on Jul 7th 2015 and I do not want to get the F-1 stamped again but want the H-1 status.Can i leave the country at this moment?I have health issue so i will take permission from school as well and next Semester will be my break so Can i go to India and return after i get my approval copy of H-1.

Thank You

When you say your CPT is legitimate I hope you had talked to an attorney about this. Yes, you can return back in Oct with a valid H1B visa and I797. But, if you want to continue to go to school you need a valid F1 visa to enter US.

[rahul412]

Hi All,

                 Yes my H-1 and C.P.T employer is the same.My C.P.T is legitimate. I applied H-1 for the first time not the extension.I will graduate next year after April 2016.My concern here is can i leave to India on JUN 20th 2015 and return back after OCT 1st week after i receive my H-1 copy as F-1 visa status is expiring on Jul 7th 2015 and I do not want to get the F-1 stamped again but want the H-1 status.Can i leave the country at this moment?I have health issue so i will take permission from school as well and next Semester will be my break so Can i go to India and return after i get my approval copy of H-1.

Thank You

Before you leave contact an attorney, it looks like your CPT is not legitimate. How can CPT job and H1 job will be the same? CPT is not for full time employment.