OPT Expiring 18th Aug '07 and H1B 1st Oct '07 approved. Can we travel india between

[aravala]

Hello,

We (Me and my wife) are in the following situation and are planning to go to India and get our stamping done.

Situation:-

My Attorney had sent out I-485 application to USCIS on 3rd, Aug ’07 for both of us.

My wife is on OPT (F1 visa) which ends on 18th, Aug '07 and her H1B starts on 1st, Oct '07. She got the I-94 attached with her H1B.

I have my new H1B as I had joined a new company, so I had transferred my H1B to this company.

Question:-

1. Can we go to US consulate in India for stamping between 18th, Aug '07 to 1st, Oct '07 if we get an appointment?

2. Can my wife go for H1B stamping during (18th, Aug '07 -1st, Oct '07) before her H1B is effective (1st, Oct '07).

3. Do we need the I-485 notice or will the physical delivery date or the fedex tracking notice will be sufficient?

4. Can we come back to US legally?
Do you see any problems that would prevent us from entering back to US?

Please kindly reply back to us.

Thanks,

Venkat

[Yash_Kansas]

Make sure your wife leaves US by Sept. After OPT she can still stay for a month in US without voilating her visa status. But again that month extension ends on Sept 18... Just to make things easier for her instead of complicating the case, make sure she leaves US by end of August and gets back with her H1B stamped.

I didn't quite understand what you meant to say by this " She has her I-94 attached with H1B? " Are you talking about I-94 that you receive along with H1B approval? If yes, that should be fine..nothing out of way.

Hope this info was helpful. All the Best

[aravala]

Hello,

Thank you very much for the reply. From what I heard from the gradute school and lawyer after OPT we can stay in US for two months legally. We are planning to go to india for stamping just because she cannot work during these 45 days, so can visit india and get the stamping done during this time.

Thanks,
Venkat