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  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Question H1 Pending, but Have to Travel and Come Back Soon

    I am a Chinese working for a 501.c.3. nonprofit organization under my F-1 visa's Optional Practice Training (OPT) period. The OPT period will expire on June 28th 2010, but my employer (APA) has already filed the H1b petition properly on May 13th 2010 and the status right now shows as "Pending", hopefully will be effective by Oct 1t 2010.

    As my organization's major program coordinator and chief liaison with China, my employer needs me to travel to China between June 19th 2010 to July 19th 2010 to work with Chinese government on our China Program. I have been told by the attorney that it is not safe to travel at this time while my H1b petition is pending.

    It seems the only option is to travel and stay in China until Oct 1st 2010. However, we will be hosting a Chinese mayor training program in early September, which means I need to come back to the U.S. by early September. I can certainly provide all related documents from my employer and Chinese government to prove the necessity of this travel.

    I am wondering whether there is any possibility for me to travel and return on time. Some people suggested getting a B1 visa might be a choice. But I would like to hear what the expert says

    Appreciated,

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: H1 Pending, but Have to Travel and Come Back Soon

    Your activities in the US do not appear to meet the requirements of the B-1 visa.

    Why have you waited so long to address this problem? Had your original petition been filed with priority processing, you would have had a decision by now.

    Your employer needs to decide whether you need to travel if you are indeed needed in the US in Sept. The poor planning on the part of your employer in the filing will not result in a waiver of the laws regarding the timing of your travel.

    Your employer should be consulting with the attorney so that he understands the problem.

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