Travel while H1B is being processed

[nsquare]

Hello -

Situation -
I am currently on F1 and I will be applying for a H1B visa in April 2011 and will do premium processing. I have applied for OPT and it has been approved.

Complication -
Due to personal reasons, I will have to travel in Mid-May [will be back by June and will travel on OPT since I have a valid job offer] . As I understand there are certain risks to traveling while H1B is being processed. I have outlined my understanding after having browsed the forums and the web. I would appreciate if someone validates my understanding.

Scenarios and my understanding
a. If my H1B petition is approved before my travel, and I receive the i797, I can travel with no concern. This will not disrupt my COS that will occur in Oct 1 2011.

b. If my H1B is not approved by the travel date in May [due to some un-forseen circumstances], and I continue to travel - the COS will be deemed abandoned. I will re-enter US in June on OPT, and in October I will have to do consular processing [i.e. visit a consulate to get the H1B visa stamped]. But in this case my H1B visa petition will remain valid and will get processed. Is my understanding correct?

c. Once the H1B in premium processing is filed, I receive an RFE, and my lawyer is yet to send the response back. During this time what risks do I hold, if I continue the travel in May 2011.

I am also thinking about applying for the H1 visa, only after my return to the US. However, I am concerned about the numbers getting depleted by the time I come back, and hence will like to apply in April 2011 itself.

Appreciate any help in this matter. Are there any other complications that can occur during travel on a pending H1B petition.

[shervin143]

a. If my H1B petition is approved before my travel, and I receive the i797, I can travel with no concern. This will not disrupt my COS that will occur in Oct 1 2011.
>>> Yes.

b. If my H1B is not approved by the travel date in May [due to some un-forseen circumstances], and I continue to travel - the COS will be deemed abandoned. I will re-enter US in June on OPT, and in October I will have to do consular processing [i.e. visit a consulate to get the H1B visa stamped]. But in this case my H1B visa petition will remain valid and will get processed. Is my understanding correct?
>>> Correct.

c. Once the H1B in premium processing is filed, I receive an RFE, and my lawyer is yet to send the response back. During this time what risks do I hold, if I continue the travel in May 2011.
>>> Same risk as mentioned above (b).

I am also thinking about applying for the H1 visa, only after my return to the US. However, I am concerned about the numbers getting depleted by the time I come back, and hence will like to apply in April 2011 itself.
>>> The best bet is to file the H1B after returning back. I doubt the CAP will get closed so soon.

[kabkaba]

Hello -

Situation -
I am currently on F1 and I will be applying for a H1B visa in April 2011 and will do premium processing. I have applied for OPT and it has been approved.

Complication -
Due to personal reasons, I will have to travel in Mid-May [will be back by June and will travel on OPT since I have a valid job offer] . As I understand there are certain risks to traveling while H1B is being processed. I have outlined my understanding after having browsed the forums and the web. I would appreciate if someone validates my understanding.

Scenarios and my understanding
a. If my H1B petition is approved before my travel, and I receive the i797, I can travel with no concern. This will not disrupt my COS that will occur in Oct 1 2011.
Although I have read a USCIS memo stating the same. You will get a new I-94 when you return and your previously approved COS will have a different I-94 number. I will advise you to avoid this confusion.
b. If my H1B is not approved by the travel date in May [due to some un-forseen circumstances], and I continue to travel - the COS will be deemed abandoned. I will re-enter US in June on OPT, and in October I will have to do consular processing [i.e. visit a consulate to get the H1B visa stamped]. But in this case my H1B visa petition will remain valid and will get processed. Is my understanding correct?

c. Once the H1B in premium processing is filed, I receive an RFE, and my lawyer is yet to send the response back. During this time what risks do I hold, if I continue the travel in May 2011.

I am also thinking about applying for the H1 visa, only after my return to the US. However, I am concerned about the numbers getting depleted by the time I come back, and hence will like to apply in April 2011 itself.

Appreciate any help in this matter. Are there any other complications that can occur during travel on a pending H1B petition.

It is better if you apply for consular processing in the first place and amend to get COS after your return.
You may also have the employer file after you return. The cap is not likely to be met and if your OPT ends after Apr 1, your employer can file next year (2012) too anyway.

[nsquare]

Thanks guys,

I was considering applying only only after I return. However, I will be processing a F2 for my wife in May 2011. If that is rejected on what ever reason, and on my return to the US - the H1's are depleted for the year 2011, my wife will be stuck in India till I process my H1B in 2012. I think the risk is very low, but if does play out - it paints a sad picture. Considering this situation, do you think its better to get it processed before I leave?

If I do premium processing on April 1st - what are the it gets processed by May 15th [that is when I leave to India]?

Also do you think me having an approved H1B petition will increase the chances of my wife getting a F2, since there really is no point for the visa officer to reject it [for immigration intent], since she will be able to apply for a H4 in Sept 2011 anyway.

Appreciate the quick responses.

[shervin143]

Well, premium procesisng will take only 15 days to process with an additional $1250. If your immigration records are clean, then she should be able to get F2 or H4 without any issues.

Thanks guys,

I was considering applying only only after I return. However, I will be processing a F2 for my wife in May 2011. If that is rejected on what ever reason, and on my return to the US - the H1's are depleted for the year 2011, my wife will be stuck in India till I process my H1B in 2012. I think the risk is very low, but if does play out - it paints a sad picture. Considering this situation, do you think its better to get it processed before I leave?

If I do premium processing on April 1st - what are the it gets processed by May 15th [that is when I leave to India]?

Also do you think me having an approved H1B petition will increase the chances of my wife getting a F2, since there really is no point for the visa officer to reject it [for immigration intent], since she will be able to apply for a H4 in Sept 2011 anyway.

Appreciate the quick responses.

[kabkaba]

If you are married already, she can apply for her F2 Visa anytime. You don't have to be there. F2 denial will not affect H4

[Tarun Agarwal]

@nsquare- so what did u do as I too am in same situation

[pita]

Travel on H1 B application

Hi nsquare/ Tarun agarwal/ anyone else you had faced the similar situation

Could you please post what did you do when you had to travel back home through your H1B processing?
Is it safe to travel if you get an approval on your H1B application (through premium processing) even though it would not be still effective??

Would really appreciate some help
Thanks

[Chetan Kulkarni]

Travel in May

Guys, what did you do? Please tell. Thanks.