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Travel To India While H1B Is In Process


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Posted

Visa experts,

My H1b is picked this year (masters/Regular) in lottery. 

I need to travel to India from May 15th to June 15th.

What is the risk?

 

I have valid F1 and OPT until next year Feb 2015.

I have proper job and can get any required employer letter.

Posted

You can't travel while your H1 is under processing because your i94 will change during this process but you can travel to India on F1(OPT) after your h1b gets approved and come back before Oct 1st without stamping..

Posted

Convert to premium processing if you have an emergency to travel or wait until it gets approved.

Posted

Bro u will get H1 approval but I94 radu with H1 then u need to travel outside to get a stamping ....do one thing process premium chechukuni edo okati approval ochaka vellu..ledu ante malli inko petition file cheskoochu US ki ochaka ...it's like a new H1 but cap exempt .....

Posted

process lo untey povoddaa??? visa next year varaku undi OPT kooda ee year end varaku untey vellocchaa?? regular cheypinchadu inka pick avvaledu anuko

Posted

process lo untey povoddaa??? visa next year varaku undi OPT kooda ee year end varaku untey vellocchaa?? regular cheypinchadu inka pick avvaledu anuko

yes approval  ostundi kani I94 radu ....then u will have 2 options ----go for stamping or file another petition for H1 from US but cap exempt ...if u want to travel let it get approved and come back before OCT1st

Posted

nevu after h1 approve only u can travel outside US. if it is under process u cant travel.

Posted

yes approval ostundi kani I94 radu ....then u will have 2 options ----go for stamping or file another petition for H1 from US but cap exempt ...if u want to travel let it get approved and come back before OCT1st


I-94 rakapovadam endi mama.. Konchem confusion lo unna.. Clear ga explain cheyyava, pote em em cheyyali extra ga ani
Posted

yes approval  ostundi kani I94 radu ....then u will have 2 options ----go for stamping or file another petition for H1 from US but cap exempt ...if u want to travel let it get approved and come back before OCT1st

 

ok gotcha

Posted

If you leave country now


H1b stamping ayyaka kani return ralevu

Ltt

Posted

I-94 rakapovadam endi mama.. Konchem confusion lo unna.. Clear ga explain cheyyava, pote em em cheyyali extra ga ani

 

Change of status I94 raadu. you have to go out of country to change your status from f1 to h1. after approval aithe nee h1 approve with new i94 vastadi. that will be valid from October 1st

Posted

In 2012, I traveled to India in May while my H1B (Regular) was in Process. Returned by End of May to USA, H1B was approved in August with Old I-94. Went for Stamping in June 2013 to Canada (F1 Expired in July 2013) got New I-94. Traveled again twice to India after stamping without any Issues. Hope I answered most of your questions.

 

Posted

In 2012, I traveled to India in May while my H1B (Regular) was in Process. Returned by End of May to USA, H1B was approved in August with Old I-94. Went for Stamping in June 2013 to Canada (F1 Expired in July 2013) got New I-94. Traveled again twice to India after stamping without any Issues. Hope I answered most of your questions.

 

 

that answered most of it but what was your status from Oct 1 2012 and what if I don't to go India for stamping for few years?

Posted

that answered most of it but what was your status from Oct 1 2012 and what if I don't to go India for stamping for few years?

 

I remember my  employer sending a COS doc before Oct 1st. Regarding COS and not going for stamping consult you attorney. Online forums will lead to more confusion. 

 

Quote from below Link,

 

"However, in order to avoid abandoning the request for the change in status, the individual must return to the United States in the same nonimmigrant status held when s/he departed, and this return must occur prior to the start date of the approved H1B change of status."

 

 

http://www.murthy.com/2013/04/08/h1b-transition-issues-international-travel/

 

After reading the quote multiple times, I was confident that I don't have any issues.

  • 2 weeks later...
Posted

I remember my  employer sending a COS doc before Oct 1st. Regarding COS and not going for stamping consult you attorney. Online forums will lead to more confusion. 

 

Quote from below Link,

 

"However, in order to avoid abandoning the request for the change in status, the individual must return to the United States in the same nonimmigrant status held when s/he departed, and this return must occur prior to the start date of the approved H1B change of status."

 

 

http://www.murthy.com/2013/04/08/h1b-transition-issues-international-travel/

 

After reading the quote multiple times, I was confident that I don't have any issues.

Thank you very much

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