Complicated Situation - Travel to India for wedding (F1 stamping under H1 processing)

[adolly]

Hi All,

I have a really complicated situation here your response/help is much appreciated.
Currently I'm pursuing my second masters and my F1 visa has expired last year in June. I have my wedding this August'16 so I need to travel to India, I thought of going for F1 stamping with my second masters university in August. In case if it'll be rejected will go for H4 stamping after wedding.
But the real problem is, I just got to know my H1B regular was picked in the lottery today.
1. Can I go to India in June and get F1 stamped and return to US in Sept?
2. Can I go to India in June and forget about F1 stamping and just go for the H4 stamping after wedding and Once I come to US can I start working on H1 from oct if it is approved?
3. Do I have to stay in India I travel in June until I get a response on the H1 decision and if it approved, can't I retunr to India until Oct?

Please advice, I'm really confused with my current situation.

[raghvi]

Hi All,

I have a really complicated situation here your response/help is much appreciated.
Currently I'm pursuing my second masters and my F1 visa has expired last year in June. I have my wedding this August'16 so I need to travel to India, I thought of going for F1 stamping with my second masters university in August. In case if it'll be rejected will go for H4 stamping after wedding.
But the real problem is, I just got to know my H1B regular was picked in the lottery today.
1. Can I go to India in June and get F1 stamped and return to US in Sept?
2. Can I go to India in June and forget about F1 stamping and just go for the H4 stamping after wedding and Once I come to US can I start working on H1 from oct if it is approved?
3. Do I have to stay in India I travel in June until I get a response on the H1 decision and if it approved, can't I retunr to India until Oct?

Please advice, I'm really confused with my current situation.

The answer would basically depend upon what you intend to do post your return to US, to study, work on OPT, work on H1 or stay at home on h4 ?

This is my opinion not legal advice.

[adolly]

The answer would basically depend upon what you intend to do post your return to US, to study, work on OPT, work on H1 or stay at home on h4 ?

This is my opinion not legal advice.

I would want to work on H1 after returning.

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The answer would basically depend upon what you intend to do post your return to US, to study, work on OPT, work on H1 or stay at home on h4 ?

This is my opinion not legal advice.

I am currently working Raghav on 40hrs CPT with my current university, I thought of resigning the job in June and leave to India. After the wedding if approved on F1 stamping will return if not H4.
But now that H1 has been picked, the situation has become complicated. What do you advice.

Thanks!

[raghvi]

I would want to work on H1 after returning.

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I am currently working Raghav on 40hrs CPT with my current university, I thought of resigning the job in June and leave to India. After the wedding if approved on F1 stamping will return if not H4.
But now that H1 has been picked, the situation has become complicated. What do you advice.

Thanks!

When do you intend to return to US?

[adolly]

When do you intend to return to US?

With my husband on Sept 10th.

[raghvi]

With my husband on Sept 10th.

If you have h1 approval notice in hand by then, you can go for H1 stamping interview and return on H1 itself.

This is my opinion not legal advice.

[raghvi]

If you have h1 approval notice in hand by then, you can go for H1 stamping interview and return on H1 itself.

This is my opinion not legal advice.

On second thoughts, if you try to enter on h1 on 10th Sep 2016 you may have issues:

You can enter US only 10 days before the start date on your I-797 petition. i.e., say if your start date is October 1st, you can only enter US on or after September 20th on H1B visa. However, you should be aware that granting you 10 day prior entry is entirely within the discretion of the CBP officer at the port of entry.

This is my opinion not legal advice.

[adolly]

If you have h1 approval notice in hand by then, you can go for H1 stamping interview and return on H1 itself.

This is my opinion not legal advice.

Can I go on H4 stamping after wedding on aug 16th and come to US on h4 and then from oct 1st if h1 is approved , will work on h1.?

Will this work.