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Travel to India OPT & H1B ?

Boston, MA |

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 ?

Attorney Answers 3


That depends on whether or not you have a valid F-1 visa stamp.

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.

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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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I agree. You should consult with the DSO at your school before you travel. - 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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