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Travel on F1, H1 applied.

Boston, MA |

I am on F1 visa with full time student status till August. I have a job offer. I will start my OPT in September, for which I'll apply in May. My employer also agreed to file H1B in April. Hence my H1B will start from OCT.
I want to travel back to India for 3 weeks in Summer (April-May). Before applying for OPT(May end). Will I face any legal issues?

Attorney Answers 3

  1. Do you have a valid F-1 visa on your passport? If not, you will have to apply for one before you travel back to the U.S. At this interview, you will have to show strong ties to your home country, intent to return after you finish school, etc. With an H-1B petition filed in your behalf, this will be a difficult burden to meet.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

  2. Yes yu would if you handled it the way you describedand you may not be able to return for OPT but may if everything goes fine with H1 and you get approved for H1. You could then return to work with a visa to work starting 10/1/13. Best Wishes!
    Lalita Haran
    13295 Illinois St., Ste. 128
    Carmel IN, 46032
    Ph: (317) 660-6174

  3. You should discuss the matter with the DSO at your school about the best way to handle the situation and any gaps in your status. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

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