Travelling after filing H1B?

[DesiOPT-FaceBook-Admin]

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Hello.. U guys are doing great job answering everyone.

My question is, if I have to apply for H1 in 2014 April and I have valid I-20 with STEM extension till sep 17. Can I fly to India when my H1 is still in process with stem-opt.Will be happy to hear back from you.

This was posted on https://www.facebook.com/desiopt1 on 23rd Oct 2013

[DesiOPT-FaceBook-Fan]

Yes .. as long as u have valid visa and passport and other required docs you can fly ..

[DesiOPT-FaceBook-Fan]

What is u r travel paln.??

[DesiOPT-FaceBook-Fan]

Not good to return back between Sep 17-Oct 1 as you will be in Cap Gap

[DesiOPT-FaceBook-Fan]

As far as I know, Its never good to take chances. Think about what happens if OPT is denied? So It never good to take chance but if you are confident enough just go ahead

[DesiOPT-FaceBook-Admin]

9.4.2.Can a student travel outside the United States during a cap gap extension period and return in F-1 status?

Yes, provided the student has a valid EAD. See 8 CFR 214.2(f)(13). A student may choose to leave the United
States and obtain an H-1B visa to return to the United States to assume H-1B employment. SEVP recommends that a student not travel outside the United States during the cap gap extension, if possible, as USCIS will consider a change-of-status application to be abandoned if the applicant leaves the country while the application remain s pending. Thus, a change-of-status petition from F-1 to H-1B filed on behalf of a student with a cap gap extension who departs the United States before the application is adjudicated could be denied.

More at: http://www.ice.gov/.../pdf/opt_polic...nce_042010.pdf

[DesiOPT-FaceBook-Fan]

it is about cap gap .. if he wish to come back before his opt end date he is fine .. any way i am looking for OP actual traveling plan ..

[DesiOPT-FaceBook-Fan]

Cos when u apply for h1 yu indicate to change ur status mr man.....

[Blckshn88]

Think about what happens if OPT is denied? So It never good to take chance but if you are confident enough just go ahead


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