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Travel to India while H1B application is pending *prior results*

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  • #1

    Travel to India while H1B application is pending *prior results*

    Hello everyone,

    I need some advise. I am currently working on OPT - STEM extension which is valid till Aug-2015 and my F-1 visa till 2016. I have applied for H1B
    under normal processing. And I am going to India on 25th of April and returning by 5th of June(vacation). I have consulted my attorney and he gave me a green signal for my travel plan. But I came to know that tarveling outside US while H1b application is pending is unadvisable since USCIS would treat this application as deemed abondened. But I was not able to find any such restriction on USCIS website. And now I am totally confused. Could you please adivse me on:
    1. If it is safe to travel before H1b result is announced?
    2. What are the risks?
    3. Do I need additional documents if I travel during this time?
    4. Would it help me if I change my application to premium processing and go after I come to know the result before OCT-2014?
    5. Do I need travel i-20?

    Thank you in advance!
    Tags: None
  • #2
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    Comment

    • #3
      Your message was posted as anonymous on Facebook wall- (April 12th)

      Comment

      • #4
        1. If you travel, your H-1B application will not be cancelled. If your H-1B was filed as a change of status petition, since you are leaving BEFORE the H-1B is approved, then the “change of status” portion of your application will be denied but the H-1B petition can still be approved as consular. Then, if and when you want to “activate” your H-1B, you simply have to leave the country, get H-1B visa and return OR file an H-1B amendment application to change your status from F-1 to H-1B.
        If you leave AFTER the H-1B is approved, then your travel will have no affect on your H-1B. You can go and return in F-1 status and then on October 1, your status will change to H-1B. However, this is unlikely as H-1B’s won’t be adjudicated by April 25.
        If your H-1B was filed as consular, there is no effect on your application. Of course, all this depends on the fact that your H-1B petition will be chosen in the cap.
        2. There are no risks for H-1B but there might be some risks for your F-1 status on such a long trip. There are restrictions on how much time you are not “employed” which includes trips outside the US.
        3. Since you are in F-1 status, no additional docs are needed. When you are returning, however, CBP may wonder if you are really employed since you are taking such a long vacation.
        4. If your petition is chosen and you do Premium and then leave the country, it will help as you will not have to worry about getting H-1B visa later. See number 1.
        5. YES!! You are traveling pursuant to your F-1 status.

        Comment

        • #5
          Even I'm also going to India.my situation also same as like You when I ask my friends who faced this before they all are said ok to travel India. Even I asked my employer he also said yes. If I'm wrong plz correct me
          Thank u in advance

          Comment

          • #6
            I have lot of friends who went for a vacation to India after getting approval notice and before 1st OCT. But, still confused with prior result scenario.

            Comment

            • #7
              2 least they could deny cos .. Means u need to go for stamping to activate ur h1 or change employer ..

              Comment

              • #8
                1. My attorney has clearly mentioned to avoid any plans outside India until the application is pending.
                2. What I believe is if you application comes under review once you are out of the US or returned, the I-94 number that you submitted with the application will not be matching. This can lead to RFE and complications to your application. I'm just guessing not sure.
                3. I don't think you need any additional documents other than what is required being on OPT.
                4.No idea.
                5. Yes your status will change on October 1st 2015, so any travel prior to that needs a travel I-20.

                These answers are as per my understanding and should not be considered as legal advice. Be sure and consult with your attorney prior to deciding.

                Comment

                • #9
                  My understanding is that H1B activation comes into play only after 1st Oct and if you have valid visa& OPT I think should'nt be a problem for coming back. Pls correct me if I am wrong.

                  Comment

                  • #10
                    Hi Sandy,

                    Even i am facing similar situation currently. Can you please tell me whether you were able to travel to india and return back during H1b visa processing.

                    Comment

                    • #11
                      RE: Traveling to India during H1b visa processing

                      Hello everyone,

                      I need some advise. I am currently working on OPT - STEM extension which is valid till July-2015 and my F-1 visa till 2016. I have applied for H1B
                      under normal processing. And I am planning to go to India on 25th of Sep and returning by 10 Oct(Emergency). I have not consulted my attorney for my travel plan. But I came to know that traveling outside US while H1b application is pending is inadvisable since USCIS would treat this application as deemed abandoned. But I was not able to find any such restriction on USCIS website. And now I am totally confused. Could you please advise me on:
                      1. If it is safe to travel before H1b result is announced?
                      2. What are the risks?
                      3. Do I need additional documents if I travel during this time?
                      4. Do I need travel i-20?

                      Thank you in advance!

                      Comment

                      • #12
                        Your message was posted as anonymous on Facebook wall- (Sept 23rd)

                        Comment

                        • #13
                          1) no
                          2) if denied you might be out of status if you dont have other grounds for admission , which will lead to admission refusal
                          3) depends on your current status and future plan viz. You may take admission in university and come back as f1
                          4) yes , good to be on safe side

                          Comment

                          • #14
                            1. It is ok to travel but your COS status may or may not be approved if u travel outside while h1b is pending
                            2. It all depends. Cannot comment on it
                            3. Carry regular documents but if your H1 gets approved before u return back to US then you have to go for visa interview for H1b. So plan accordingly and carry those documents if not atleast make a preparation of it.
                            4. Yes u need travel i-20

                            Comment

                            • #15
                              1
                              2 it may affect cos .. But not to u r h1
                              3 nope ( if u r h1 is approved with cos before u come back then u may not able to come back on f1 and need to get u r stamping done )
                              4 yes

                              Comment

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