Travel to India OPT & H1B ?

Asked over 1 year ago - 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)

  1. Kristina A. Gasson

    Contributor Level 12

    1

    Lawyer agrees

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

    www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement... more
  2. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  3. Rajesh Nakchhed Prasad

    Contributor Level 12

    2

    Lawyers agree

    Answered . 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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