Regarding travel to India on EAD during OPT period

[rajivbn86]

Hi Guys,

I currently have an offer from a small supply chain firm in California. The job requires me to attend training in India for a duration of 8-10 weeks and get back to the US. I am currently on my OPT status as I had graduated in Dec '09.

I have a few queries with regard to this before I want to accept the offer:

1. First of all, is it advisable to me to travel during my OPT period? If yes, what are the important documents needed so that there is no immigration problem while getting back to the US.

2. In the case of filing for my H1B, what is the ideal time for filing for it. Since the quota opens on April 1st and assuming I am leaving on 5th of April to India, kindly let me know if it is better to file for it once I get back from India around end of June or is it advisable to file it immediately in April beginning as I am not sure if quota will be open till june end.

3. Also, during my stay in India is it necessary that I will have to show my pay stubs while returing back.

Thanks a lot for your help and support in advance.

[shervin143]

1. First of all, is it advisable to me to travel during my OPT period?
>>> If your OPT has been approved and you depart the U.S. before you get a job, your OPT ends and you cannot re-enter the U.S. If your OPT has been approved and you have a job or a job offer, you may travel and re-enter the U.S. to continue working at the same job.

If yes, what are the important documents needed so that there is no immigration problem while getting back to the US.
1) A letter from your employer on official letterhead verifying that you are employed under OPT or a letter from an employer offering you a job
2) Your SEVIS I-20 for OPT with an ISSS Advisor’s signature on page 3. The signature must not be more than six months old when you re-enter the U.S.
3) Your valid Employment Authorization Document (EAD card)
4) Your valid passport
5) A valid F-1 visa stamp
7) Recent bank statements which show that you have funding to support yourself in the US while on OPT

2. In the case of filing for my H1B, what is the ideal time for filing for it. Since the quota opens on April 1st and assuming I am leaving on 5th of April to India, kindly let me know if it is better to file for it once I get back from India around end of June or is it advisable to file it immediately in April beginning as I am not sure if quota will be open till june end.
>>> Advisable to file in April. You never know when the application limit will reach.

3. Also, during my stay in India is it necessary that I will have to show my pay stubs while returing back.
>>> No pay slips are required when you are outside U.S.

[rajivbn86]

Thank you...

1) My OPT I-20 was signed on 4th January 2010 and I will be returning around the last week of June. It is the work that requires me to go to India for training for 8-10 weeks and it will be exceeding 6 months while getting back to the US since the I-20 was signed. Does this mean I have to get a new I-20 or can I travel with the existing one?

2) I will be leaving for India on April 5th. So, is it advisable to travel to India if they file for my H1B on April 1st. If so, will there be any problems when I get back to the US. Apart from these, are there any other complications involved with it.


Thanks a lot once again.