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  1. #1
    Join Date
    Jul 2006
    Posts
    4

    Default Traveling with H1B pending

    Hello,

    I have a friend who is doing his OPT (has 6 months left). His current company wishes to sponsor him for H1B. The projected cap for the advanced degrees is to be reached early-mid august. My friend has to travel to his home country late August (24th) for a family wedding (He is the best man). People are telling him that you cannot travel while your H1B application is pending. Also he cannot wait to file after he comes back because the cap will most probably be reached. Any suggestions for his case?

    Thanks,

    Apacer

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Traveling with H1B pending

    Historically, a non-immigrant who travels abroad while an application for change of status to H-1B is pending has been considered to have abandoned the change of status portion of the petition. If the person leaves the U.S. and the H-1B petition is later approved, the person should be able to apply for H-1B status at a U.S. consulate and then enter the U.S. in H-1B status. Your friend should verify what is likely to happen with an immigration lawyer before leaving the U.S.

  3. #3
    Join Date
    Jul 2006
    Posts
    4

    Default Re: Traveling with H1B pending

    Thank you for your answer!

    apacer

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