Query reg Travel when H1b is in process

[bhuvi86]

Hi,
I am an F1 student (masters student) starting OPT in July. My employer is applyling for my H1b visa this april (through premium processing) . I am travelling to India in May ,and this trip is really important.My attorney says that it is risky to travel when H1b is is process and it may not be possible for me to enter till Oct 1st.
Is this true? Also I heard from my friends that if I apply H1b via NON COS (not change of status) also known as 'pick up visa' or 'loose petition' , I can safely travel ..
My attorney says that the risk in both type of applications is same (change of status or pick up visa) ..
Please advise what should I do to make my travel safer.

Thanks.

[Aire]

Hello Bhuvu86,

I had similar query. Following is my scenario


"I graduated in December and I am currently on OPT employment period. I have an offer and will be joining the Co. in May '13. (I won't have issues with 90-day unemployment cap since I am currently employed with my University)

They wish to initiate the H1B petition process for me. However, I will be travelling to my Home country in the month of April-May. Since I cannot skip this visit the Attorney suggested that they would file the H1B 'Loose'/Non Change of Status petition which would allow me to re-enter US using my F1 visa and the OPT-EAD card.

I couldn't find much information about H1B 'Loose' petition and its implication Int'l travel. Can somebody confirm if

a> H1b non COS petition can allow me to re-enter US with my F1 Visa, EAD card and employment letter
b> Not lead to disqualification of my H1B visa petition"

I thought of posting here since we can have a consolidated thread.

Hope you don't mind.

[bhuvi86]

Someone please help

Please help with my question. My employer wants to file my h1b..is it going to be safer with the 'loose petition' option?

[Aire]

Can Travel w/o re-entry blues

Here are some links I found regarding Re-entry with F1 and EAD while H1b is being processed:

1. Read Point no. 13 of TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 214 -- NONIMMIGRANT CLASSES \ Sec. 214.2(f)(10)

you can find it on the USCIS website.

It states

"
(13) Temporary absence from the United States of F-1 student granted employment authorization.
(i) A student returning from a temporary trip abroad with an unexpired off-campus employment authorization on his or her I-20 ID may resume employment only if the student is readmitted to attend the same school which granted the employment authorization.


(ii) An F-1 student who has an unexpired EAD issued for post-completion practical training and who is otherwise admissible may return to the United States to resume employment after a period of temporary absence. The EAD must be used in combination with an I-20 ID endorsed for reentry by the DSO within the last six months.
"

2. Also read the CAP GAP FAQs here

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7f1a046c43360210VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Seems travel is OK with valid F1 and EAD as long as you're not in CAP GAP extension.