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International travel on Valid OPT but H1 in processing

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  • International travel on Valid OPT but H1 in processing

    I am planning on traveling with valid OPT & F1 visa, but because of my H1’s RFE, my H1 case is still pending, kindly someone help me in explaining what will happen while traveling outside USA in following scenarios:

    1. If my H1 is approved, do I have to get H1 stamped before reentering?
    2. If H1 denied, can I still reenter on my valid F1 and OPT?
    3. If H1 still pending, can I reenter on my valid F1 and OPT?
    4. Is it a good option on accelerating my H1 petition on premium processing when traveling internationally?

  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...44903965526967 5th Dec - Please review comments from other users

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      • #4
        1. Yes.
        2. Yes. Conditions apply.
        3. The problem is the I-94 in your packet becomes useless. Might be an issue.
        4. Try. Not sure.

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        • #5
          Travel only if you still have valid visa if not ur gonna be in serious troubles

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          • #6
            Don't travel while H1B is in process...... last year I did the same mistake and my H1B got revoked once it was approved

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            • #7
              What was ur reason for denial .. can you post a picture ?

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              • #8
                Convert h1b to premium and then plan for travel once approved r rejected. If approved, get stamped before entering usa. If h1b rejected, you can still u can travel on valid opt card. Best case is travel on h1b after approval, Other options r not advisable or having serious implications on h1b

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                • #9
                  It is the time of year when many former F-1 students are transitioning to H1B status. The Murthy Law Firm has some thoughts regarding travel considerations for F-1 students who need or want to go abroad while transitioning to H1B status. Many F-1 students wish...

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                  • #10
                    H1b and F1 OPT are two independent entities. One can remain on one visa status at a time. The visa has to be the one recently approved.
                    Now use this logic and apply to your questions. Q1. Is obviously yes. You cannot watch Dangal with a Ghajini ticket.
                    2. Again two independent entities. Also this is something you will have to deal with immigration jockey at port of entry.
                    3. Travel outside US while a petition is pending can always trigger questions. For ex. Frequent breaks for nature's call during an examination.
                    4. Too many variables. Plan ahead.

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                    • #11
                      Originally posted by desioptrules View Post
                      I am planning on traveling with valid OPT & F1 visa, but because of my H1’s RFE, my H1 case is still pending, kindly someone help me in explaining what will happen while traveling outside USA in following scenarios:

                      1. If my H1 is approved, do I have to get H1 stamped before reentering?
                      2. If H1 denied, can I still reenter on my valid F1 and OPT?
                      3. If H1 still pending, can I reenter on my valid F1 and OPT?
                      4. Is it a good option on accelerating my H1 petition on premium processing when traveling internationally?
                      1. If your H-1B is approved while you are outside the U.S. and if you want to activate your H-1B, you will need to go for H-1B stamping. You have the option of re-entering in F-1 status if you want to continue working pursuant to OPT.
                      2. Yes.
                      3. Yes.
                      4. If you want to go for H-1B stamping and would rather be in H-1B status as opposed to F-1/OPT status, then you can upgrade your petition to PP.
                      5. If you travel while the H-1B is pending and you re-enter the US with the F-1/OPT, your status will not change to H-1B even if the H-1B is approved, i.e. your change of status will be abandoned if you travel.

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