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Few Questions About OPT EAD and H-1 Visa

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  • Few Questions About OPT EAD and H-1 Visa

    Hope you are doing good. Currently I am working on my OPT EAD Card as I am on F-1 Visa and my OPT started on Jan 30th 2012 (I started working on same day). I am planning for a trip to India for few weeks in mid-May or June 2012 so I have few questions-
    1) Firstly, Can I go to India in mid-May or mid-June 2012 on my OPT EAD card and come back from India on my OPT EAD card only. What are the things required to come back from India.
    2) Secondly, After coming back from India, can I file for H1B visa and generally how much time it takes for H1B Visa approval as I will be filing for H1B visa for the first time so not sure on this. And somebody was telling me that generally if company files H1B visa in premium category so it takes around two weeks only. So Suppose if company is filing for me H1B visa on April 1st, then I can get the approval within two weeks or three weeks, or the approval is announced only on 1st October?
    3) And suppose if I have filed for the H1B Visa and can I travel to India within the application process of H1B Visa? Or it is not recommended to travel to India within the H1B visa application process.

  • #2
    Originally posted by raihan26 View Post
    Hope you are doing good. Currently I am working on my OPT EAD Card as I am on F-1 Visa and my OPT started on Jan 30th 2012 (I started working on same day). I am planning for a trip to India for few weeks in mid-May or June 2012 so I have few questions-
    1) Firstly, Can I go to India in mid-May or mid-June 2012 on my OPT EAD card and come back from India on my OPT EAD card only. What are the things required to come back from India.

    You will need a valid F1 Visa, I-20 with recent travel signature and employment letter.

    2) Secondly, After coming back from India, can I file for H1B visa and generally how much time it takes for H1B Visa approval as I will be filing for H1B visa for the first time so not sure on this. And somebody was telling me that generally if company files H1B visa in premium category so it takes around two weeks only. So Suppose if company is filing for me H1B visa on April 1st, then I can get the approval within two weeks or three weeks, or the approval is announced only on 1st October?

    Decision is made in 2 weeks. So you can get the decision by end of April unless there is an RFE.


    3) And suppose if I have filed for the H1B Visa and can I travel to India within the application process of H1B Visa? Or it is not recommended to travel to India within the H1B visa application process.

    This is not recommended. Since H1 petition includes change of status from F1 to H1 also, your travel disrupts and potentially voids the change of status. If you do travel, you should obtain H1 Visa using the approved petition and return on or after Oct 1 in H1 status.
    See above.
    This is my opinion and not legal advice.

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