You are here:

Immigration Issues/Travelling on valid OPT with H-1B approval


I am planning to visit my home country (India) in May 2013 with a valid OPT (valid until Jan 2014). I received H-1B approval notice form I-797A today.

I have few question:
1. If I travel India for a month in May and return on my valid F-1 OPT status, will my H1B status automatically start from Oct 1, 2013.

2. I read on Form I-797A "I-94 portion of the should be given to US customs and Border Patrol when he or she leaves US". Should I turn this over this time when I visit in May or later when I will be traveling next time since I will still be in F-1 status upon returning?

3. "A person granted a Change of Status who leaves the US must normally obtain a Visa in the new classification before returning". Does that mean I have to get a Visa stamping this time? My understanding is that I can get a visa stamping 20 days in advance.

Eagerly looking forward to hear from you.

Thank you.

1) Technically, once your H1B is approved any other non-immigrant status is nullified; however, there is no automatic start unless you start working. Here, your H1B would be effective from 10/01 - and/or until your choose to start work but for travel purpose it may be effective from 10/01.

2) I don't know which I-94 you are talking about - if it is for the current H1B [to be effective from 10/01] well it is not effective yet; so you may choose to travel on valid OPT.

3)again - if the current visa is effective - yes you need visa stamping if using that status to travel.

Your queries were not clear however I tried my best to answer; hope to have satisfied your inquisitiveness.  

Best wishes,  

Immigration Issues

All Answers

Answers by Expert:

Ask Experts




Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Member - AILA. Bar Council of India.

LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

©2017 All rights reserved.

[an error occurred while processing this directive]