Kind of related to H1B/OPT

[chintanashah1985]

Hello

I am doing Masters in US, I will graduate in May 2011. I have received the full time offer and I will join my company in August 2011. And HR told me my H1B will be sponsored in April 2011, before i will graduate.


Now, if I want to visit India ( or outside US), am I legally allowed to do that?


Thanks.

[shervin143]

Did you already had an H1B earlier? If not, you cannot join the company in the month of August under H1B status? When H1B (under a new CAP) applied in April 2011, your earliest H1B effective date will be October 1st 2011. If you have an OPT, then you can probably work for the company (as per OPT regulations) until the H1B gets approved.

If the H1B is applied as a COS, then it is not advisable (legally you can) to travel when the application is under process with USCIS (Because, the COS might get denied and H1B might get approved for Consular Process). If it is applied as a Consular Process, then you can travel. Whenever you decide to work in H1B status, you will need to get the visa stamped and return back in H1B visa, which will put you in H1B status.

[chintanashah1985]

Did you already had an H1B earlier? If not, you cannot join the company in the month of August under H1B status? When H1B (under a new CAP) applied in April 2011, your earliest H1B effective date will be October 1st 2011. If you have an OPT, then you can probably work for the company (as per OPT regulations) until the H1B gets approved.

If the H1B is applied as a COS, then it is not advisable (legally you can) to travel when the application is under process with USCIS (Because, the COS might get denied and H1B might get approved for Consular Process). If it is applied as a Consular Process, then you can travel. Whenever you decide to work in H1B status, you will need to get the visa stamped and return back in H1B visa, which will put you in H1B status.

Thanks for the information.

I think I will be on a OPT in May, June, July and August 2011.

Can you please tell me what is the meaning of "H1B is applied as a COS" and what is the meaning of "consular process" ?

I talked with my HR and she said that the company can sponsor H1B the way I need it. What should I do in order to visit outside US after I graduate - in the OPT time period.

[shervin143]

COS (Change of Status) comes with a new I-94 attached to the aproval notice. If you leave the country when COS is under progress, then the change of status might get denied or the you will end up with two I-94 (one from approval notice and one at the POE when you return) and you will have to figure out when the status will actually expire based on the last action rule (google or seach immihelp and read about last action rule).

Consular process means, the H1B gets approved with an I-94. Which means, before your OPT expires or when you decide to work in H1B status, you will need to leave the country, get the H1B stamped (by scheduling a visa interview at the U.S Consulate) and return back in H1B visa.