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travel while h1b got approved but not started yet

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  • travel while h1b got approved but not started yet

    i am on opt and it ends on june 2011. i applied for h1b and got approved and start date is on oct 1, 2010.

    next month in august i am going to india on vacation and will return back on september 10, 2010. What would be my status.

    can i come back on opt or should i need to go for stamping for entering into us.

  • #2
    Is your H1 approved as a change of status? Is there a new I-94 at the bottom of the approval notice?
    If yes, it is a matter of confusion whether your change of status remains valid or not.
    If no, you must get an H1 visa and enter in that status for H1 to be valid.

    In order to avoid all this confusion, it is advisable to travel after Oct 1, get an H1 visa and return.
    This is my opinion and not legal advice.

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