Travelling to London for Work on OPT while H1B is in process

[konark]

Hi

So here is my current status in the US. I am on STEM OPT valid until November 2012 (F1 VISA valid until June 2013). My H1B is in process and the kick off date is at the end of October 2012.

Now my company wants me to travel to London for a month or so. Would it be advisable to travel on STEM while the H1B is in process. Since H1B kicks off only in October 2012, I was wondering can I return back on my F1? I recently (April 2012) came back from India on my STEM but that was when H1B process did not start. I am worried about the i94 arrival record changes and will that affect the H1B process.

Thanks!

[kabkaba]

It is not advisable to travel and return in F1 status (OPT) until H1 petition gets approved. The change of status request may be deemed abandoned and that part of the petition may get denied.

[konark]

Thanks for the valuable info. I am also concerned about travel even when the H1B is approved as its a risk to travel internationally on F-1 status with an approved H-1B petition because the F visa requires strict nonimmigrant intent (i.e., intention to return to home country at the conclusion of studies). There is an inherent conflict with an approved 3 year work permit in the USCIS system.

What do you think about this?

Thanks!

[kabkaba]

There is no such risk. H1B is not an immigrant petition, it only allows immigrant intent.

However, there are conflicting opinions about whether a previously approved change of status remains valid or not after traveling and returning in a different status. You should consult with your company's immigration lawyers to get a better idea.