My employer was planning to apply for my H1B visa in April of this year.
I completed Masters and my 29 month OPT expires on July 2012. I’m planning to visit india by end of this month and coming back in April.
Can I apply H1 with my existing I-94 card? When can my employer file for H1B?
Travel While H1B is Pending
I don’t have an exact answer, but here are my thoughts.
Traveling outside USA while Change of Status (COS) from F1 to H1B is in process is typically not recommended.
Why?
Person who travels abroad and attempts to reenter the United States while a change of status is pending abandons the request for the change of status.
But, you have OPT ( assuming valid F1 Visa).
So, you are wondering if you can re-enter USA with F1 visa (OPT).
I’m not sure how USCIS and CBP officer at Port of Enter will process your entry.
When travel is anticipated while H1B Visa application is under process, you can consider H1B Visa premium processing. But, even in that situation, attorney will ask you to travel after H1B approval, not between April 2, 2013 and Approval date.
Did you ask your employer’s immigration attorney?
I mean he should be able to advising about the pros and cons of traveling to India while on OPT and H1B visa 2013 application is under process.
I can think of one possible solution - Go to India by End of this Month, return in April, then apply for H1B. I don’t think H1b Visa FY 2013 cap will run out in first month this year.
I am on L1 status for company A in US now and other company B processed my H1 B this year 2013 and received the acceptance of the application on regular quota.Meantime I have to go India in May/2013 for some emergency work.
I want to know that if I have a valid L1 visa(Valid till Feb/2014) and my H1B petition will be approved during my visit to India during May or June/2013(for 1 week) then can I travel back to US in my L1 Visa with no issues in port of entry?
is there any chance of auto status change of visa from L1 to H1 within Oct time, when I am with company A and not changed to company B.
Kindly suggest.
Hi everybody,
Here is my situation. I hope you have some time to read it and let me know your thoughts on it.
So, I am currently on my Opt Extension, by employer filed my OPT petition on April, 14th 2012.
And my OPT is valid until Dec 2012. So, I would like to travel to Australia, where my brother’s family lives. And my parents are also visiting with them. I am very much tempted to travel to Australia. Do you think it is a good idea to travel? Will it jeopardize my H1 petition if I travel out of country before it is approved?
Kindly let me know your thoughts. Thanks for reading. Appreciate your time.
Thanks.
Kiran
Correction in my Post. My employer filed my H1B Petition, not OPT. (Obviously).
Hi,
I have got my H4 visa and planning to travel to US in May and return by August.And my submitted documents for H1B from my current company.
Should it be a problem in me travelling to US when I have my H1B applied?
I completed BSC degree in Maths and Econ Dec 14 2011. Returning May 5 for commencement (Graduation). My I-20 expired Dec 15 2011. I return to my home to rest and to assist the family by working. I was not able to return before due to limited finances. I went on line to apply for OPT and was told by the University that I could not. However my resumes were forwarded by the University to several companies who have made contact with me and my school for possible interviews. Could you give some guidances as to how I may now proceed to take up the OPT option. Unfortunately the University offered absolutely no assistance nor provided information to aid in decision making. They are not international student/diversity friendly. I look forward to your reply here. Please keep up the good work. Students, like myself, depends on this site for relevant and current information. Art
can this person work after july 22nd 2012 legally as OPT would have expired and H1B would not be valid till october 1st,2012.