H1-B documnets processing, travelling to India on work assignment.

[F12H1]

Hello,
I am on OPT-X presently and its expiring in Nov 2011. My company has started my H1-B processing but is yet to submit my documents for approval. I recently got assigned for a project that requires me to travel to India in last week of Aug for about 10 days. If my company submits my H1B docs would it be difficult for me to get back into the country or is there a work around so that I can get my H1B stamped before October? I am married and plan to take my wife (presently on F2) along with me as well.

Please advise.


Thanks,
F12H1

[kabkaba]

Your company should file the H1 petition after you return from the trip so that they will have the latest I-94 number in their petition. I assume your F1 and F2 visas are valid. The comapny should also add I-539 on your wife's behalf to change her status form F2 to H4.
On H1 visa you can only return about 10 days before Oct 1.

[F12H1]

Thanks for your reply!

[F12H1]

Suggestions

Kabaka,
This is what I got back as an option from my visa expert at work
"File as a change of status upon your return to the US. We could have everything ready to file upon your return in September.
Note: If we do not receive the approval notice by October 1, you must be taken off the payroll until we do receive the approval."

I did not quite understand why would I taken off the payroll? Isn't there a cap gap that I might be eligible for? I am on OPT-X currently which is valid till Nov 2011 would this not be helpful too? Please advise.

Thanks,
Aadesh.

[kabkaba]

You need not be taken off payroll until your OPT ends if H1 approval is not received by that time.

[F12H1]

Thanks Kabkaba

Kabaka,
Thank you for your reply, that's precisely what I was expecting. I wrote back to the lady and she too confirmed.


Thanks,
F12H1