Travel outside USA on STEM OPT Extension after H1B is applied, if approved can I leave USA and return before my STEM OPT EAD exp

Asked over 1 year ago - San Jose, CA

HI, My OPT STEM Extension expires on June 15th. I applied for H1B this year in premium processing. Assuming it will be approved by May 1st, I am planning to leave USA on May 1st and return back on June 2nd on F-1 visa.
1. Given my situation is it safe to travel outside USA if H1B is already applied.
2. WIll have any problems at port of entry.
3 .what documents do i need to carry with me.

Additional information

4. Will my entry into USA at port of Entry in any way be affected my DUI case(pre-trial is done but still pending final decision) and the above terms mentioned

Attorney answers (4)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 1. Yes, but you will not know if your petition has made it through the lottery yet until June. Having nap plied for H-1B does not preclude one from traveling, as long as you can return on a still valid F-1 and I-20.

    2. See my answer to 1. Above. Traveling while on OPT status is always risky and I will advise against it if you can avoid it.

    3. Valid I-20, letter from school's DSO, valid EAD, and perhaps a letter from yourH-1V employer that it is interested in offering you a permanent position?

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 1. Depends on whether you have the proper visas to return to the US.
    2. No competent attorney can guarantee you will not have any issues, even if everything appears to be Ok.
    3. Depends on when you will be returning to the US.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Sasha O. Lazarevich-Sinnott

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I agree with my colleagues.

  4. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 1) No it is not safe and cap gap relief is not available if you depart the U.S. during the gap
    2) You will stay abroad, apply for H-1B visa and enter to work on H-1B status
    3) Your petitioning company's attorney should be able to guide you.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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