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travel with valid OPT documents but while H1 is filed ?

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  • travel with valid OPT documents but while H1 is filed ?

    Hi, I ll be graduating with masters degree in May 2014. I have all the valid OPT documents required for travelling abroad.

    My employer will be filing my H1 in april this year.

    1) till when can I expect a decision regarding my H1?
    2) if I get my decision, can I travel abroad and come back on OPT and not H1 or I can only come back on H1?

  • #2
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    • #3
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      • #4
        Originally posted by Udit Mathur View Post
        Hi, I ll be graduating with masters degree in May 2014. I have all the valid OPT documents required for travelling abroad.

        My employer will be filing my H1 in april this year.

        1) till when can I expect a decision regarding my H1?
        2) if I get my decision, can I travel abroad and come back on OPT and not H1 or I can only come back on H1?
        1. For regular processing, don’t expect an answer on H-1B until June or July. A Request for Evidence will delay this. If it is Premium Processing, you can expect a response by first or second week of May.

        2. It depends- Are you filing as a consular H-1B or change of status H-1B. Since you have OPT, your OPT will be valid for one year, and you need to travel this summer, it may be better to file the H-1B as a consular processing case. This way, the H-1B only becomes active when you get an H-1B visa stamped in the passport and come back to the U.S. in the H-1B status. Until then, you remain in F-1 OPT status.
        If the H-1b is filed as a Change of Status, your status automatically changes to H-1B on October 1st. Depending on when you travel, your H-1B petition may be affected. Talk to the attorney who is filing your H-1B case before any final decisions are made. Make sure he or she knows you want to travel this year.

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        • #5
          Can employer file H1B in Masters Quota for 2014 April if we are graduating in May 2014?If so what is the process for it?

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          • #6
            I dont think so... U need to complete the masters degree for that...not sure though

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            • #7
              They cannot file your petition until and unless you done with your masters this year you can't file H1 try next year

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              • #8
                If premium by end of third week or May, If normal depends may be end of June 2. Yes if your OPT is valid 3. H1 gets started from OCT 1

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                • #9
                  1 depends .. if it regular 3-6 months .. premium 15 days ( 2-3 months if u get rfe ) ..
                  2 yes u can come back on f1 till sep 29 ..
                  3 after sep 30 u can only come back on h1 ..

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