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.
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.