Travel to India when H1B is in progress

[jayaramsprabhu]

Hello All,

I am now in F1-OPT which expires on June 28th 2016. My company has filed H1B for me in premium processing and I have got the receipt number now. In this stage I would like to travel to
India in mid of May 2016 for a couple of weeks to see my parents. My questions is

1) Will I be eligible for cap gap OPT extension ?
2) Will I be eligible for OPT extension ?
3) If I am eligible for cap gap , shall I go back to India on Oct1 to get my Visa and return back with H1B ?

[jayaramsprabhu]

Could anyone please advise me on this .................

[jameslive]

Travel during Change of Status from F1 to H-1B

Hi there,

Since you timely filed your H-1B petition before your F-1/OPT expires, you are covered by Cap-Gap until USCIS renders their determination on your H-1B petition.
Once your H-1B is approved, you are covered until 9/30/2016 right before H-1B starts (10/1/2016).

However, if you leave the U.S., you will have to apply for H-1B visa through consular processing and get H-1B visa stamp on your passport in order to return to US. This is because, you probably applied for Change of Status from F1 to H-1B on your H-1B petition which allows you to change your status without leaving the U.S. Therefore, once you leave the U.S., your request to change of status in the U.S. is deemed as abandoned.

I hope this answers your question.

Law Office of Ungi Shin, PLLC | [email protected]
Disclaimer: The answer to this question is for general information purpose only, and it is not to be construed as legal advice, nor creating an attorney-client relationship.

Hello All,

I am now in F1-OPT which expires on June 28th 2016. My company has filed H1B for me in premium processing and I have got the receipt number now. In this stage I would like to travel to
India in mid of May 2016 for a couple of weeks to see my parents. My questions is

1) Will I be eligible for cap gap OPT extension ?
2) Will I be eligible for OPT extension ?
3) If I am eligible for cap gap , shall I go back to India on Oct1 to get my Visa and return back with H1B ?