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my travel outside US and reentry with OPT

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kaushik

Junior Member
What is the name of your state? CA

Dear ppl,

I want to visit my parents, this MAY(08) ************** I am on OPT now and my H1 B will be filed next month I.e Apr 1st.
SO MY Q is it safe to travel out and reenter again into USA with out any Hassels

My docu details

I have VALID PASSPORT , VALID F1 VISA , VALID OPT CARD and also my school I20

I also have JOB and thus i have a offer letter (i can show paychecks)

My H1B will be filed on Apr 1 2008. (i.e next month) ,I am planning to leave in MAY)

SO IS IT SAFE TO GO TO MY HOME COUNTRY AND RETURN BACK INTO US. some say its not safe to leave country after H1B is filed :(

please help me out...will be great ful to u :)
 


ImmigAttyLana

Senior Member
It's not that it is not safe, but if your H-1B is being filed as a change of status from F-1 to H-1B and you leave the US while it is pending, it can no longer be approved as a change of status but will have to be consular processing.
 

kaushik

Junior Member
So...Wht i understood is , there may be difficulty in reentry to US...right??.....So,Do u suggest me to wait until my H1B gets approved...? If u say so.. I will wait..no probs

actually i dint understand the term consular processing...sooryy :p

And Last but not Least.....thanks for all the help and suggestions u r giving to every one...thts wonderful :)
 

ImmigAttyLana

Senior Member
It's not that you'd have a problem coming in on the F-1; it's that the H-1B, even if approved, would not be approved as a change of status and you'd have to go back abroad and consular process for a H-1B visa prior to being able to return to the US in H-1B status and assume your position with the H -1B employer.
 

kaushik

Junior Member
Thanks a TONN

Oh So but as per Wht i heard, I hav to go out of USA (genrally mexico or canada) for H1B stamping even though i stay in US at the time of processing......So is my H1B processing already a Consular Processing??**************.

HEYY ..One more thing forgot to mention!!!, my processing is done on premium processing , So i may recived the approval and Documents in 4 weeks (I think so beocz i paid 1500$ more :( ). So after I recived the docu , Is that ok to go to my home after tht??
 

ajharish

Junior Member
Thanks a TONN

Oh So but as per Wht i heard, I hav to go out of USA (genrally mexico or canada) for H1B stamping even though i stay in US at the time of processing......So is my H1B processing already a Consular Processing??**************.

it is not compulsory rule that you need to leave US for stamping after you receive you H1B approval. if you wish you can stay for the time period your H1B is approved within the country.
If you receive you approval notice without attached I94 you need to leave the country and reenter after a consular processing approval.

HEYY ..One more thing forgot to mention!!!, my processing is done on premium processing , So i may recived the approval and Documents in 4 weeks (I think so beocz i paid 1500$ more :( ). So after I recived the docu , Is that ok to go to my home after tht??
Premium processing is optional, and you need to make the choice
 

ImmigAttyLana

Senior Member
No, it is not necessarily already being processed as consular processing. if you are in valid status as of 9/30/08, then your status can automatically change to H-1B on 10/1/08 if you are physically present in the US.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

simpleTara

Junior Member
travel on OPT

Hello Friends,

I want to go back to India for a short period of 10-15 days for my sister's wedding in end feb 2012. I want to know that is it safe to travel on OPT.

My detail is : valid F1 visa till jan 2013 and valid passport till 2021. valid EAD starts from Nov3 2011 and till 2012 nov.

I joined some consultancy and got the offer later that they are my employer and I already submitted to the university. But I am not working just done with training and in marketing.

It will appreciable if i get some advice related to travel.

Have a good time,

Tara
 

Antigone*

Senior Member
Hello Friends,

I want to go back to India for a short period of 10-15 days for my sister's wedding in end feb 2012. I want to know that is it safe to travel on OPT.

My detail is : valid F1 visa till jan 2013 and valid passport till 2021. valid EAD starts from Nov3 2011 and till 2012 nov.

I joined some consultancy and got the offer later that they are my employer and I already submitted to the university. But I am not working just done with training and in marketing.

It will appreciable if i get some advice related to travel.

Have a good time,

Tara
Please start your own thread.
 

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