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OPT-H1b COS travel after H1B approved

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  • OPT-H1b COS travel after H1B approved

    Here's my situation: I'm currently working in US by using OPT extension and my OPT extension is valid until 05/01/2014. My company will apply H1B for me on 04/01/2013 by premium process. Let's say my H1B will be approved by this summer.

    My question is,

    1. I would like to leave US to my home country (China) this September (09/28/2013) and come back to US on 10/20/2013. Can I get the H1B visa stamp in China? Is there any bad influence on my COS?

    2. If I apply H1B visa stamp in China on Sep 30th (before H1B effective date), will there be any issue I should take into consideration?

    3. Beside 2 questions above, if I want to travel to Canada and stay there for a week in August, do I need to have valid visa stamp to come back to US? My current F1 visa stamp is expired. (This expired F1 visa was from my first school in US. I transferred to another school and got the OPT after finishing it. I did not come out of US since I came in US 4 years ago.)

    Thanks in advance for your ideas!

  • #2
    1 and 2 is fine. Don't worry about it.

    For 3 there is a thing called Automatic Visa Revalidation that you can use as long as your Canada trip is less than 30 days and you don't visit any other country. You have to make sure that your I-94 is not collected when you enter Canada and on returning, you will keep the same I-94. The change of status and H1 petition will also remain valid.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      1 and 2 is fine. Don't worry about it.

      For 3 there is a thing called Automatic Visa Revalidation that you can use as long as your Canada trip is less than 30 days and you don't visit any other country. You have to make sure that your I-94 is not collected when you enter Canada and on returning, you will keep the same I-94. The change of status and H1 petition will also remain valid.
      Thank you for your quick answer kabkaba. You are always very helpful. 2 more questions:

      1. So far Canada trip, do you mean that when I fly to Canada, I don't need to give them my I-94 card?

      2. For China trip on 09/28/2013 - 10/20/2013, I will have 2 I-94 cards. One is my F1-I94 card, the other one is the H1B I-94 card which I will get it once my H1B approved. Do I need to give them both of these 2 I-94 cards? Or I need to keep my H1B I-94 card to apply visa stamp in China?

      Thanks for your time.

      Comment


      • #4
        Originally posted by retriver View Post
        Thank you for your quick answer kabkaba. You are always very helpful. 2 more questions:

        1. So far Canada trip, do you mean that when I fly to Canada, I don't need to give them my I-94 card? --Right

        2. For China trip on 09/28/2013 - 10/20/2013, I will have 2 I-94 cards. One is my F1-I94 card, the other one is the H1B I-94 card which I will get it once my H1B approved. Do I need to give them both of these 2 I-94 cards? Or I need to keep my H1B I-94 card to apply visa stamp in China? -- Both or just the F1 one, that's fine.

        Thanks for your time.
        See above.
        This is my opinion and not legal advice.

        Comment

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