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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

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.

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. 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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. I agree with my colleagues.


  4. 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. 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.

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