Travel to India on OPT with H1-B approval

[kishor_saitwal]

Sorry for asking this question again; I can see that there are many posts for this. However, I wanted to be specific to my case in the current time-frame.

My wife is (and will be) on OPT until 14JAN12. She is already working with a company and her employer has applied for her H1-B, which will start on 15JAN12. She should get her H1-B approved soon. With this, will it be advisable for her to travel to India in DEC11? If yes, what documents she should carry with her?

Thank you for your time.

[kabkaba]

In order to return in F1 status she generally needs F1 Visa, I-20 with travel signature (less than 1 year old), EAD card and job verification letter.
There may be problems in returning in F1 status if her return date is too close to OPT end date.
However, in this case if her H1 is filed as change of status, she will have a new H1 I-94 based on her current F1 I-94. On returning she will get a new I-94, it becomes a matter of confusion whether that H1 Change of status remains valid or not. I have read equally convincing and authentic arguments on both sides. In order to avoid this confusion she should do one of the following,
1. Don't travel before H1 start date
2. Travel, obtain H1 Visa and return in H1 status on or after Jan 15, 2012
3. Trave, return in F1 status, travel again on or before OPT end date (either to home country or to Canada), get H1 Visa and return on or after H1 start date.
You can also consult with an experienced immigration attorney about this.