Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Confusion with International Travelling, H1B Filing, and OPT Filing

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Confusion with International Travelling, H1B Filing, and OPT Filing

    Hi there, I am an international student from India pursuing PhD in the US since August 2012. I hold an F1 Visa that expires on July 2017. I am planning to defend my PhD in April, after which I plan to start my work with a company in the bay area from July 10th. My employer asked me to submit some paperwork that they can use to file an H-1B application on my behalf. Following are my confusions:

    1) I have a conference in Australia to attend on March 30-31, 2017, for which I plan to leave around March 25th from my hometown in the US. I heard that one should not travel between April 1st and Oct 1st because otherwise the H1B petition abandons itself. If I leave before April 1st but return to the US after April 1st, will my H1B be abandoned?

    2) If I come back to the US on March 31st, will my H1B application be still intact?

    3) Since my job starts on July 10th, I am planning to apply for OPT in April. If my H1B application is not selected in the lottery, can my employer file a petition next year on an expired F1 Visa, but a valid OPT status?

    Thanks a lot, in advance!

  • #2
    Originally posted by utkarsh.goel View Post
    Hi there, I am an international student from India pursuing PhD in the US since August 2012. I hold an F1 Visa that expires on July 2017. I am planning to defend my PhD in April, after which I plan to start my work with a company in the bay area from July 10th. My employer asked me to submit some paperwork that they can use to file an H-1B application on my behalf. Following are my confusions:

    1) I have a conference in Australia to attend on March 30-31, 2017, for which I plan to leave around March 25th from my hometown in the US. I heard that one should not travel between April 1st and Oct 1st because otherwise the H1B petition abandons itself. If I leave before April 1st but return to the US after April 1st, will my H1B be abandoned?



    2) If I come back to the US on March 31st, will my H1B application be still intact?


    3) Since my job starts on July 10th, I am planning to apply for OPT in April. If my H1B application is not selected in the lottery, can my employer file a petition next year on an expired F1 Visa, but a valid OPT status?

    Thanks a lot, in advance!
    (1) There is no such rule. H1B applicants need not be physically present in the US. So the travel restriction makes no sense. Travel restriction is only during the adjustment of status phase of GC, and that too only if one does not get/have advance parole.

    (2) See answer above.

    (3) Yes. But in that case you might have to think about extending OPT, in which case the employer needs to meet certain requirements like e-verify, etc.

    ==
    Just my opinion; Not legal advise.
    Just an opinion; Not legal advice.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X