H1B Premium Porcessing

[Udit Mathur]

Hi
My company will be filing my H1B in Premium Processing.

So once I get the decision (sometime in April itself), can I travel to India in June and come back in August on F1 OPT ?

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[DesiOPTForumAdmin]

Travel during Cap-Gap Extension Period


A student granted a cap-gap extension who elects to travel outside the United States during the cap-gap extension period, will not be able to return in F-1 status.The student will need to apply for an H-1B visa at a consular post abroad prior to returning. As the H-1B petition is for an October 1 start date, the student should be prepared to adjust his or her travel plans, accordingly.

http://1.usa.gov/1alCSCb

[DesiOPTForumAdmin]

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 remains 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.

http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf