Business travel to Canada on OPT (expired F1)

[vascos]

Hello all,

Here are the details of my query:

My Status:
My F1 expired on July 31 2010, but I have a valid OPT until Aug 31 2011, and a research job along the lines of my completed PhD. I have a H-1B application currently in process (premium), filed by my current employer.

My need:
I have a research conference to attend in Vancouver in Dec 2010.

My questions:
I have a couple of questions/suggestions to ask of you all:

1. Do I need to get a F1 visa stamped at Vancouver before I return to USA? Or is OPT/EAD card and an employment letter sufficient?
2. Will my H-1B being under processing affect this?
3. Would you suggest that I take this gamble (based on all your experiences), or should I skip the conference?

I know the last question is subjective - but it would be great to hear your inputs. I am facing such an issue for the first time, and would sincerely appreciate your help and advice.

Many thanks,
Vasanth

[kabkaba]

If your H1 is approved with Change of status to H1 (with I-94) then your OPT and F1 status ends. You can certainly go to the conference, but you will need H1 Visa from a US consulate in Canada to re-enter. Make plans accordingly.

[vascos]

Thank you very much for your prompt reply, kabkaba. What if my H-1B does not get approved by then? (It was filed in mid-October, and I may not know the status before I travel in early December).

Would I have to get my F1 visa stamped in Vancouver then? Is this advisable at all, considering I may have a H-1B stamping to be done soon?

Sorry for these questions again - but thank you so much for your replies in advance. They are extremely valuable to me.

Thanks,
Vasanth

[kabkaba]

If you H1 petition is still pending (unlikely, since with Premium processing you get a result in 15 calendar days), then you can use automatic visa revalidation for your F1 status. All you do is do not submit your I-94 when you leave the US and on return show your I-20 with travel signature, job letter, EAD and the F1 I-94. Your Canada trip must be less than 30 days and you must not visit any other countries in this trip.

[vascos]

Thank you so much, kabkaba - this is very helpful.