Travel while H1B petition is pending.

[nehamahajan]

Hi Everyone,

I am on F-1 visa and I have already applied for OPT. My company is filing H1B in premium processing on 1 April. My Graduation date is 18 March,2014 and OPT start date would be 28 April, 2014. I had made plans to travel to india in between this period. I will not be in US, while my H1B petition is filed. I discussed this situation with attorney and he said in case of travel they will file H1B in Consular Processing(CP). In that case, I need to visit my home country again and get my H1B visa stamped. I really wish to travel and have no problems in visiting again for stamping. But, still I have below concerns:-

1) Will I be out of status when I will re-enter US? What all necessary documents are required apart from EAD and Offer letter?

2) Will my H1B petition at all be affected by the situation that I am not in US? In other words, H1B in CP will not affect my H1B petition at all, apart from stamping scenario?

3) Also while sending my OPT application to USCIS, I forget to write my name and I-94 number at back of photographs. So I sent new photographs with name and I-94 number to USCIS as suggested by USCIS customer service center. Will it cause any delay in application and EAD card? I need this EAD card before I travel.

Please provide quick feedback.

Regards,
Neha.

[nehamahajan]

Hello seniors...

Please give your feedback as it will help me to make my travel plans.

Thanks in advance,
Neha.

[gradstudent]

Hello nehamahajan

I am in the same boat as yourself with travel plans that are approaching fast.

My lawyers recommended NOT TO TRAVEL, but are looking at cases now if they was a precedence, I really do need to make the trip, and believe these laws are very prohibitive to internationals.

Let me know if you hear one way or another, and I will post anything else my lawyer emails me back with.