Travel on OPT when H1B wasn't selected in lottery

[sarangkunte05]

Here's the background:

 

My OPT started on 3/17/2015 and I started working at my company at 3/20/2015. My company had applied for my H-1B visa on 3/31/2015 but unfortunately it wasn't selected in the lottery.

 

I want to travel to India in mid Feb 2016 and I will return by first week of March 2016. My EAD expires on 3/16/16 and my application for OPT STEM extension is currently under process. If I decide to travel back to India on OPT my company is asking me to sign a document that states that if I am unable to return to US, I forfeit my employment.

 

What I heard is that the "Intent" of F1(OPT) is different than H-1B so if the immigration officer at the port of entry sees that I had previously applied for H-1B, he can deport me as a "potential immigrant". Since there is a conflict of Intent among both the types of Visas.

 

 

My questions are:

 

1. How high is the risk of not being allowed entry in the US at my port of entry for my specific situation?
2. Does my OPT STEM extension being under process affect my situation? Does it increase any risks?

[GNH]

There is no risk...there is no law which says a person on OPT cannot apply for H1B...H1B is a temporary worker visa not a GC