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  1. #1
    Join Date
    Feb 2012
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    2

    Default International Travel Under OPT With a Pending H1B Visa

    Hello,

    I am working with a valid OPT (under F1 status) and have my EAD card. The authorization expires mid July and my employer will be applying for a work visa (H1B) for me in April. I don't know how long these take, however, I have to travel outside of US at the beginning of June and return within one week. So, at the time of travel I will be under a valid F1 status and a valid OPT (EAD authorization). I went outside of US for a week last year under the same circumstances and had no problem coming back in. However, now I am concerned that at the time of return there will be pending (or approved, depending on how long the process takes) H1B application under my name. Would this create confusion at the point of entry in the US upon my return in mid June? Would the immigration officer there be able to see that I have a pending H1B (or approved) and ask me to return to my country and get the visa? Is it safe at all to travel under these circumstances? Any advice would be greatly appreciated.

    Thanks!

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

    Default Re: Is It Safe to Travel Under a Valid OPT and Pending H1b Application

    A H1B is a dual intent visa, so the fact that you're attempting to reenter as a student (nonimmigrant) is not inconsistent with your pending application for H1B status. As long as you remain in valid F1 status I would not expect a problem from the H1B application.

  3. #3
    Join Date
    Feb 2012
    Posts
    2

    Default Re: Is It Safe to Travel Under a Valid OPT and Pending H1b Application

    Thank you for your help!!!

  4. #4
    Join Date
    Apr 2012
    Posts
    1

    Default Re: Is It Safe to Travel Under a Valid OPT and Pending H1b Application

    dm1983 - Have you decided to travel under this situation? I am in a similar situation, and have heard conflicting opinions from a lot of people. It seems that you need to maintain the same I 94 number that was identified under your H1B application. returning back before your H1b kicks in (on OPT) will require you to get a new I 94, and this may cause you to 'abandon your change of status' request.

    I am looking to have this confirmed by an immigration lawyer - please let me know if you have already done so or otherwise made a decision not to travel. Thanks in advance, V

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is It Safe to Travel Under a Valid OPT and Pending H1b Application

    If you have a question you should start your own thread.

    If you want to hire an immigration lawyer, perhaps you should try AILA's directory.

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