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Travel while H1B is processing

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  • Travel while H1B is processing

    Hello All,

    I am currently in US and working on OPT which will expire in May 2018. My F-1 Visa is also valid till May 2018. My employer will file for my H1B coming April 3rd. I am getting married in July and hence will have to leave country while my H1B gets processed. My initial Plan was to file H1B under Premium Processing and hence my H1B would have been processed by June and I would have received I-797A, allowing me to travel to India for my Marriage. But yesterday USCIS have temporarily suspended H1B Premium Processing.

    So my question is how will this affect my Travel plan as now my H1B will be filed under regular processing. I have been going through online blogs and have found out that if you are not in the country while your H1B is processing than USCIS issues I-797B because of which your Change of Status from F-1 to H1B will not take place automatically on October 1st but you will have to visit a Consulate in India to Change your status and get Visa stamped. In this case do I have to leave country before October 1st and get H1B visa stamped or can I stay and work for my employer since my OPT is valid till May 2018. Will I face any issues while re-entering in USA? I know that OPT gets suspended automatically on October 1st if they issue I-797A, is that the case with I-797B as well?

    Of course this will happen only if my H1B gets selected in Lottery and if they do not process my H1B before I leave the country in July.

    Any help would be appreciated!!

    Thank You,

  • #2
    Hi Palak,
    I am exactly in the same boat and have to travel to India for wedding while H1B petition still remains in process.
    I was wondering if at all you had any complications when you traveled to India?

    Your help is really appreciated!