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Travel outside U.S. after H1B Visa Approval, before Oct 1 2008

By HSB 

Thank Jinny for his comment on USCIS to allow F1 students to request change of status. His comment was

Hey…I like a lot because you always give very clear explanation on the visa issues. I have a question: I got selected in the H1B lottery and just upgraded my case to premium yesterday. My current OPT expire on 5/31, but according to the new rule, I should be able to work until 10/1. However, I have a travel plan in early July. I am assuming I can get my h1b approval by then. Is there any problem travel outside of US in July in my case? Thanks very much!

To answer your question, I happen to have the exact answer

Last year, USCIS issued a memorandum that addressed this issue and stated that travel after the H1B Visa petition is approved, but before October 1 was permissible and would not result in a denial of a change of status request. So, what does premium processing have to do with this? continue reading


Confirm if that would be applicable for this year too. You can write a comment under the blog article. You should get some response.

Related posts:

  1. H1B Visa Premium Processing = Higher Approval Rate?
  2. L1 to H1B Visa Transfer without H1B Approval Notice?
  3. Can I still get H1B Visa Approval?
  4. RFE on H1B Renewal; My Marriage in 2 Days; Travel to India?
  5. OPT to H1B : OPT Expiring before H1B start date (2008)

Comments

6 Responses to “Travel outside U.S. after H1B Visa Approval, before Oct 1 2008”
  1. jimmy john says:

    I am currently on H1B working for a big company. I studied in US and completed my MS in Electrical Engineering. I used my OPT and during the OPT period applied and got my H1B in the lottery.

    My question is if i go back to doing MBA as an F1 student, will i be eligible for an OPT again after completion of my MBA( since i have heard that once you use the OPT you cannot go on OPT again…. it might be wrong information), if yes, then can i again apply for H1 THE SECOND TIME to work again in US with the MBA job.

    • HSB says:

      You will not get OPT for MBA and MS. So, after MBA you don’t have OPT>

      • ida says:

        what if you use your OPT after your MBA and decide to go back to school for an MA/PhD…after you are done with the PhD…can you get a new OPT? does anyone know? thx.

        • HSB says:

          @ida – You get OPT per degree i.e for MBA or MS you get OPT and for PhD you get one. If you do MS and MBA, you will get only one OPT.

  2. Anusha says:

    Hi,
    I have an issue with my visa. I did not get my H1 picked in the lottery this year(2008) and my F1 IS EXPIRING JULY 2008.I know I can stay here in USA with the extended OPT. Can anyone please tell me if I can travel to India just on OPT,WITH AN EXPIRED F-1 and come back without any problems?

    Thanks!

  3. Sh says:

    Would you have a link to the memorandum?

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