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Traveling to India with OPT and H1B under process

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  • Traveling to India with OPT and H1B under process

    Hi,

    My H1B application got accepted in the lottery in April but I had to leave out of the US in June so my attorneys advised my employer to go for premium processing in my case. With premium processing I would get the decision sooner and I would be able to leave US safely. Unfortunately my application went into RFE and i left US while my application was in RFE. Just 2 days back my status changed to initial review for premium processing.
    I just completed my graduation and I have a valid OPT with the company offer letter, I20 and F1 visa. All are valid documents. I have the following questions

    1) Will i be able to enter US back now using my OPT in F1 status?
    2) Will my H1B application be affected because i left US while it was under process?
    3) If so how will it be affected?

  • #2
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    • #3
      Answer for 1)You have to enter before Oct 1st 2014.
      Answer for 2 and 3)No. You are fine if you enter before Oct 1st 2014. Your change of status is in effect from Oct 1st 2014. So you have to RE-ENTER to USA before Oct 1st 2014 on F1.

      PS: You may not get I-94 with your H1B approval document as you left USA without H1B approval. If that is the case, You need to go for H1B visa stamping and re-enter to USA on H1B.

      Good Luck.

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