International travel on Valid OPT but H1 in processing

[desioptrules]

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?

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[DesiOPT-FaceBook-Admin]

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

[DesiOPT-FaceBook-Fan]

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.

[DesiOPT-FaceBook-Fan]

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

[DesiOPT-FaceBook-Fan]

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

[DesiOPT-FaceBook-Fan]

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

[DesiOPT-FaceBook-Fan]

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

[DesiOPT-FaceBook-Fan]

https://www.murthy.com/.../h1b-transition-issues.../

[DesiOPT-FaceBook-Fan]

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.

[lisaanderson]

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.