QUESTION
Can I travel to my home country and go back to the US without any trouble?
Asked on May 17th, 2013 on Immigration - Nevada
More details to this question:
I am on F1 visa. Currently in my OPT which ends on 10 October 2013. My employer applied for H1b this year. We have not heard any news from USCIS. I want to travel to India on 24th June 2013 and come back on 16 July 2013. If I leave and my case is accepted, will it be an issue for me to re enter USA? I heard that when I try to re enter, it will say case pending and it may be an issue.
4 ANSWERS
If you leave, your change of status to H-1B will be abandoned and then, even if the H-1B is approved, you will have to travel back to your home country for consular processing of the H-1B visa.
Answered on May 29th, 2013 at 10:26 AM
You can travel if your OPT is still valid. Your OPT should be valid because you are under the Cap-Gap period between 4/1/2013 to 10/1/2013. You need employment verification letter and a valid F-1 visa to return to the United States if you travel before 10/1/2013. If your H-1b is denied, then you cannot come back unless your OPT is still valid.
Answered on May 20th, 2013 at 10:39 PM
Adebola O. Asekun
You should consider a consultation with an experienced immigration lawyer. The answer may not be as simple, but the problem with traveling during a request to change or extend status id that if the requested status is denied while you are overseas, you may find the welcome mat is no longer there when you arrive.
Answered on May 20th, 2013 at 8:22 PM
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If you are in valid F-1 status (OPT will not expire until you come back), and you got your F visa from the US consulate, you may come back on F status again
Answered on May 17th, 2013 at 4:25 PM