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Immigration Issues/Travel with pending H1 application

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Question
Hello Sir,

I am currently working with a company on my OPT (am on F1 status). My OPT ends on 30th Sep 08 after which i will get transfered to H1. My company will sponsor my H1 and will apply in April. I was wondering that can i travel to India after April say in May, June, or July till my H1 application is pending and reenter US on my F1 status. I will be able to get my H1 stamped from india only in September so if i need to travel to India between April and Sep with my H1 application pending or approved can i travel and reenter on F1 status.

Answer
Rayomand,
The H-1 effective date is Oct 2008. So there will be a gap between your OPT end date and the H-1B effective date. So you need to first resolve this issue.

As to travel between now and April'2008 (the starting date to file for your H)  you can do so. But you need to remember that you cannot travel while your H is pending.  And if you are doing any travel on OPT status, make sure that you have an letter of employment from your employer. The employment must also be in your field of study.

Sincerley

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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