H1 stamping

[anitashetty]

I am working on OPT right now. My H1 is under process. If my H1 gets approved with a start date of Oct 1st. The problem here is I will have to travel to India in Aug. I want to travel to India after my H1 stamping. How early can I go for H1 stamping. And what happens when H1 is stamped? Will it be effective from Oct 1 and can I travel on OPT after H1 stamping is done?

Any info on this issue will be appreciated.

Thanks

[devs]

Firstly, DO NOT travel outside the US until you receive your H1B Notice of Approval. Doing so may jeopardize or delay your approval notice.

Also, you can only be in one status at a time. This means that once your H1 is approved (not even stamped as yet), strictly speaking, your OPT is no longer valid and is nullified. As I see, you are in a catch 22 situation since your H1 is already in progress and so you cannot leave the US. After it is approved, your OPT is no longer valid. After approval, you can travel to India but the consulate may or may not issue a visa for your entry to the US before Oct 1. Usually, they start the visa with the start date on H1; but do confirm this with an immigration attorney or your friends. YOu can take a chance though - after approval travel to India but DO NOT get your H1 stamped. Re-enter on your OPT. One if my friends had done this and was successful. However, note that this is risky and you may be denied entry to the US and this will affect your stamping at a later date.

Hope this helps. It is best for you to consult an attorney in this case. If it is really a life and death case, the USCIS will give you a interim i-94 to re-enter the US.

[anitashetty]

H1/opt

Hi there,

Thanks for the reply. I am a little confused here. Once H1 is approved I would not be on OPT (my understanding from your reply). Then incase I leave US after H1 is approved how can I come back on OPT with out stamping? How about getting H1 stamped (in canada or mexico)and then leaving to India. One more question here my opt expires in Sep. If my H1 gets approved by Aug, Can I go for stamping in Aug ? Awaiting ur reply.

Thanks
Anita