I am planning to travel soon. OPT will expire in Aug 2013 and my employer will file my H1b on April 2013. Now, Can I travel in April on OPT as my employer already file my H1b at that time? Should I still consider as a OPT while return back ?
It depends upon lot of factors, such as (1) whether you have a valid F-1 visa, (2) what are your travel dates, (3) whether the H-1B petition being filed is for change of status or for consular processing. Without knowing answers to these questions it will be difficult to give a definitive answer. To somewhat answer your question, the automatic extension of OPT based on cap-gap rule allows you to remain and work in the US until the beginning of your H-1B employment on October 1. If you are returning back before October 1, you will need an F-1 visa. Please consult an immigration lawyer before traveling outside US.
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