international travel when H1b is pending

[arkadeep]

I got selected for H1b processing this year. I have my first OPT (12months period) still active and it expires on July 9th, 2015. I have also applied for STEM extension OPT. Now my boss is asking me if I can travel internationally this June for some urgent work. Is there a way I can travel internationally and will be allowed to enter USA? Please advise

Thanks

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[lisaanderson]

I got selected for H1b processing this year. I have my first OPT (12months period) still active and it expires on July 9th, 2015. I have also applied for STEM extension OPT. Now my boss is asking me if I can travel internationally this June for some urgent work. Is there a way I can travel internationally and will be allowed to enter USA? Please advise

Thanks

3 things:
1. You can travel AS LONG AS you have a valid F-1 visa stamp in your passport. If you don’t have a valid F-1 visa in the passport, don’t travel because you won’t be able to get an F-1 visa. It’s extremely difficult to get F-1 visa stamping done once you have started OPT and especially if you have H-1B approved/pending.
2. If you travel while the STEM OPT is pending, your STEM OPT application will be cancelled. You cannot travel while a STEM OPT extension is pending.
3. If you travel and your H-1B is still pending, your Change of Status request will be cancelled. This means that USCIS may still approve the H-1B, but it will be approved with consular notification, not as a Change of Status.

You should be discussing this with an immigration attorney - preferably the one who prepared the H-1B petition. If you can’t discuss this with the employer’s attorney, then speak to someone else, but don’t make a decision until you do.