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Travelling in STEM Extension

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  • Travelling in STEM Extension

    I am travelling to India in May and returning on the 1st week of June. I am in the 17-month STEM Extension right now. I am planning to apply for H1B in April. Assuming that the quota for H1B opens only in October will there be any problems when I re-enter? I have a Valid Visa and an I-20.

  • #2
    It is advisable to not travel between H1 filing and Oct 1.
    If you absolutely have to travel you have three options.
    1. File H1 petition without change of status. In this case, you can continue working on OPT but you will have to change status to H1 before OPT ends.
    2. File H1 petition after you return from your trip. This assumes that cap will be open in June (It has been open for a long time in the last 2 years).
    3. Travel close to Oct 1, get an H1 Visa and return on or after Sep 20.
    This is my opinion and not legal advice.