travel after h-1b notice of approval & before 1st october

[shah123]

Hi All,

I am currently on my OPT valid till Jan 2013. I want to visit India immediate after getting my H-1B notice of approval with return date before 1st October (when my change of status will be in effect).

1) Can I do that - my EAD expires in Jan 2013.

2) Can I get my H-1B stamped before 1st October?

Thanks.

[shervin143]

I am currently on my OPT valid till Jan 2013. I want to visit India immediate after getting my H-1B notice of approval with return date before 1st October (when my change of status will be in effect).
1) Can I do that - my EAD expires in Jan 2013.
>>> It is not advisable to do that. When you leave the country, you are suppose to return all the I-94s including the one that comes with the H1B approval. When you return back in OPT you will have an I-94 associated to OPT and you will have no I-94 for H1B. And you will never know whether your status automatically changed to H1B or not as of Oct 1st since you left the country before its effective date. It wil cause all kind of status confusions. If you travel, then better get the H1B stamped and return back on or after September 21st (You can enter only 10 days prior to the H1B effective date).

2) Can I get my H-1B stamped before 1st October?
>>> Yes, but you cannot travel in H1B visa before Sept 21st.