Can I travel to India if I have a valid OPT until July, 2014, and possible shall have H1 approval by June .

Asked over 1 year ago - Troy, MI

1. My company has accepted to file my H1 in this April in premium processing so I am expecting to get approval by May/June. I have valid OPT till July, 2014(STEM Extension). So can I go to India in July and come back in the same month of July? Will I be on OPT only in July or on H1 after getting H1 approval. Do I need to get H1 stamped for reentry in USA.? Will I have any issues at the port of entry .

2. I want to get my wife on H4, I am aware that she cannot come before October, but can't she apply in July/August? The attorney in India has suggested my fiancee to apply after October with atleast one H1 pay stub of mine and he added that she cannot apply before oct as just the approval is not enough, my status should also change from F1 to H1.

Please guide me on this

Attorney answers (3)

  1. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Your proposal will be very difficult to 'juggle'.

    Talk to the company's immigration lawyer to see if he/she supports this concept.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Lalita Haran

    Contributor Level 14

    1

    Lawyer agrees

    1

    Answered . You could return on OPT and may also bring along your wife. If your employer wants to sponsor you for H1, the employer would like to know ahead of time about your travel plans. Best Wishes!
    Lalita Haran
    Attorney: Immigration Law
    13295 Illinois St. Ste 128
    Carmel IN 46032
    Ph: (317) 660-6174
    www.haranlaw.com

  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with my colleague.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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