Traveling outside USA while H1B is in process

[Mohan87]

Hello,

I am currently on a valid student visa and applying H1B this year by April 1st and due to the personal reasons I have to travel to india on April 4th - May 15th. I've been hearing that I should not travel when my H1B application is in process even though I have a valid student visa. Will my H1 get rejected because of my travel? Or If it approves, the Change of status won't happen? Another confusion is whether to apply premium processing or regular processing. If I apply Premium processing my H1B will be approved before I return to USA. Would it be a problem at the port of entry even with a valid student visa? My plans to india can't be postponed so is there any way to make my H1b application process and re enter USA without any problem? Any help is appreciated!

[raghvi]

Hello,

I am currently on a valid student visa and applying H1B this year by April 1st and due to the personal reasons I have to travel to india on April 4th - May 15th. I've been hearing that I should not travel when my H1B application is in process even though I have a valid student visa. Will my H1 get rejected because of my travel? Or If it approves, the Change of status won't happen? Another confusion is whether to apply premium processing or regular processing. If I apply Premium processing my H1B will be approved before I return to USA. Would it be a problem at the port of entry even with a valid student visa? My plans to india can't be postponed so is there any way to make my H1b application process and re enter USA without any problem? Any help is appreciated!

As long as you travel after COS approval it is fine. Now, its going to be difficult to get COS approval before May 15th, certainly not before April 15th. File in premium and hope for the best. If you travel while COS is pending, it will be abandoned.

This is my opinion not legal advice.

[Mohan87]

As long as you travel after COS approval it is fine. Now, its going to be difficult to get COS approval before May 15th, certainly not before April 15th. File in premium and hope for the best. If you travel while COS is pending, it will be abandoned.

This is my opinion not legal advice.

Thank you for your reply!

COS is abandoned means the H1b will be rejected? Or Will my H1B still approves, but only COS do not happen for which I need to go to stamping in October before I start working on my H1B?

[raghvi]

In most cases, if no other issues with H1B, the H1B still gets approved but a COS is denied, hence requiring you to get H1B at a consulate outside US.

This is my opinion not legal advice.

[Mohan87]

In most cases, if no other issues with H1B, the H1B still gets approved but a COS is denied, hence requiring you to get H1B at a consulate outside US.

This is my opinion not legal advice.

Thank you! One last doubt raghvi...

What is requiring to get H1B at a consulate outside USA?

You mean I have to go for stamping with the approved H1B in Canada, Jamaica, India etc.? If so, Do I have to go in the month of October or before October to start working on H1B on October 1st. I already have a project which is long term. So i'm wondering how I could continue on my H1B on the same project.

I really appreciate your responses!

[raghvi]

You currently on F1 right? till when is it valid? Dont you have OPT time remaining? Normally students on F1 transition to OPT for the April to Oct period and once in Oct their status changes to H1 as per H1 approval. Now your travel before H1 approval complicates things because if you return on F1 your employer would have resubmit a F1 to H1 COS.

This is my opinion not legal advice.

[Mohan87]

You currently on F1 right? till when is it valid? Dont you have OPT time remaining? Normally students on F1 transition to OPT for the April to Oct period and once in Oct their status changes to H1 as per H1 approval. Now your travel before H1 approval complicates things because if you return on F1 your employer would have resubmit a F1 to H1 COS.

This is my opinion not legal advice.

I am currently on F1 visa and it is valid till 2017. I am currently working on CPT doing a doctorate program. I want to get on H1b visa this year but my mrrg plans came during the H1 processing time. I am thinking, by the time I return back to US on May 15th, my H1B visa application will still be in process because i will be applying in regular processing. As I have a valid F1 visa I can reenter with no problem but I am not sure how to deal with the approved H1B with declined COS. Does my employer has to resubmit my H1b application? What happens if the H1B quota is not left by that time? Or just stamping is good enough if I have an approved H1b without the COS?

[raghvi]

The employer wouldn't need to file an H1 again. Its just that COS will not be approved. In order to get to H1 you will either have to file a F1 to H1 OR leave US, get H1 stamping done outside US at a US consulate and return on H1 visa.

This is my opinion not legal advice.

[Mohan87]

The employer wouldn't need to file an H1 again. Its just that COS will not be approved. In order to get to H1 you will either have to file a F1 to H1 OR leave US, get H1 stamping done outside US at a US consulate and return on H1 visa.

This is my opinion not legal advice.

If I Plan to leave US to get H1 stamping outside US at a US consulate, when I have to go? On the month of September or October to be able to start my H1 on October 1st.