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Can I travel to India if I have a valid OPT until July, 2014, and possible shall have H1 approval by June .

Troy, MI |

1. My company has accepted to file my H1 in this April in premium processing so I am expecting to get approval by May/June. I have valid OPT till July, 2014(STEM Extension). So can I go to India in July and come back in the same month of July? Will I be on OPT only in July or on H1 after getting H1 approval. Do I need to get H1 stamped for reentry in USA.? Will I have any issues at the port of entry .

2. I want to get my wife on H4, I am aware that she cannot come before October, but can't she apply in July/August? The attorney in India has suggested my fiancee to apply after October with atleast one H1 pay stub of mine and he added that she cannot apply before oct as just the approval is not enough, my status should also change from F1 to H1.

Please guide me on this

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Attorney answers 3


Your proposal will be very difficult to 'juggle'.

Talk to the company's immigration lawyer to see if he/she supports this concept.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


I agree with my colleague.

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.


You could return on OPT and may also bring along your wife. If your employer wants to sponsor you for H1, the employer would like to know ahead of time about your travel plans. Best Wishes!
Lalita Haran
Attorney: Immigration Law
13295 Illinois St. Ste 128
Carmel IN 46032
Ph: (317) 660-6174