Unique situation!!

[satis03]

Hello.

I am working for a US based (Privately owned) company. I have been employed in this company for about 6 months now. The company has agreed to sponsor my H1B and fortunately i got a H1B confirmation letter a couple of days back. The company that i am working for deals in Natural stones (Granite, Marble, etc.) it imports natural stones, mainly Granite, from different manufacturing units based in India. Now that my H1B has been confirmed, my boss wants me to visit India for about three weeks and meet the Granite manucaturers and build a stronger relationship with them. With regard to this, I have a couple of Clarifications and i was hoping that someone would be kind enough to help me.

1.) Right now I am on OPT status. The OPT status will expire end of September and my H1B will come into effect from October 1st. I intend to leave to India sometime in June and come back to the USA on the 1st week of July. Would there be a problem?

2.) As this is a business visit, my boss has agreed to write down the reason for my visit to India on a company letter head, so that i can show it to the immigration officers at the port of entry. Would this help in anyway?

3) If i indeed go ahead with the trip, is it mandatory for me to get my Visa stamped in India and return to the USA about 10 days before my H1B comes in to effect?

I would be extremely grateful is someone could make things clearer for me.

Thanking you in advance.

Rgds
Satish

[orion]

What do you mean by "H1 Confirmed"? Was if filed before deadline and did you get picked up in the lottery?

I have not heard for a H1 for the job you are describing below. AFAIK this is not a job requiring high skills. Wait for confirmation from other senior members too though.

Yes, a letter stating that your trip was business related will help. Also, you can enter back on OPT. Also, note that your OPT will be 29 months long if you belong to the STEM category.

[txh1b]

What kind of degree was yours? Something to do with geology or materials?

[enigmatic10me]

Hello.

I am working for a US based (Privately owned) company. I have been employed in this company for about 6 months now. The company has agreed to sponsor my H1B and fortunately i got a H1B confirmation letter a couple of days back. The company that i am working for deals in Natural stones (Granite, Marble, etc.) it imports natural stones, mainly Granite, from different manufacturing units based in India. Now that my H1B has been confirmed, my boss wants me to visit India for about three weeks and meet the Granite manucaturers and build a stronger relationship with them. With regard to this, I have a couple of Clarifications and i was hoping that someone would be kind enough to help me.

1.) Right now I am on OPT status. The OPT status will expire end of September and my H1B will come into effect from October 1st. I intend to leave to India sometime in June and come back to the USA on the 1st week of July. Would there be a problem?

2.) As this is a business visit, my boss has agreed to write down the reason for my visit to India on a company letter head, so that i can show it to the immigration officers at the port of entry. Would this help in anyway?

3) If i indeed go ahead with the trip, is it mandatory for me to get my Visa stamped in India and return to the USA about 10 days before my H1B comes in to effect?

I would be extremely grateful is someone could make things clearer for me.

Thanking you in advance.

Rgds
Satish

1. You shouldn't travel, In my opinion. Tried to search on my post on this forum where I have explained in detail that I had been told by Department of Home Land and Security that if you are on OPT and your H-1b has approved then you shouldn't travel as they consider your status is no longer OPT but H1. So, if you travel, you won't be able to enter in the USA until OCT 1St.

[txh1b]

1. You shouldn't travel, In my opinion. Tried to search on my post on this forum where I have explained in detail that I had been told by Department of Home Land and Security that if you are on OPT and your H-1b has approved then you shouldn't travel as they consider your status is no longer OPT but H1. So, if you travel, you won't be able to enter in the USA until OCT 1St.

That is not correct. Though, travel on OPT is not recommended, the Efren Hernandez memo clearly explains the procedure for travel for F1 students. They are not on H1b until Oct 1st but they could return back on their F1 with proper I-20 endorsement by the DSO before Oct 1st and change their status to H1b as of Oct 1st. Only after Oct 1st, F1/OPT are invalid.

Look it up on the forum. I might have posted a link to the memo.

[DMX17]

One can re-enter on OPT with a valid visa, I-20 as long as the person has a Job to resume or a Job offer.

One cannot enter while on grace period though.

[enigmatic10me]

That is not correct. Though, travel on OPT is not recommended, the Efren Hernandez memo clearly explains the procedure for travel for F1 students. They are not on H1b until Oct 1st but they could return back on their F1 with proper I-20 endorsement by the DSO before Oct 1st and change their status to H1b as of Oct 1st. Only after Oct 1st, F1/OPT are invalid.

Look it up on the forum. I might have posted a link to the memo.

txh1b, you and DMX are experts and even all time I take your advices on my issues so, I must be wrong. However, as I said, I was told by DHS officer (infact there were 4 other officers were in his cabin at that time) and now I felt that was wongly informed.

[txh1b]

The CBP officers are not really experts in the law. They follow procedure as per their manuals issued to them. Always talk to an attorney while in a confusion and not count on CBP officers at airport or USCIS call center employees.

[satis03]

More info

In my first post i did not give out enough information i guess.... so here goes

1) I got a letter stating that my visa status has been approved. The Approval period is from 10-1-08 to 9-15-011. The letter also states that it is only an approval notice and cannot be used as a substitute for a Visa.

2) I have a Master's Degree in General Management. This job of mine involves a lot of management skills. I have been appointed to assist the company in establishing a new branch in the USA and also be the head of that Branch. Me and my team have been doin Market research and also identifying properties and also analysing other issues such as market demand for different types of Stones. We are opening the new branch in a couple of months and the reason i was being sent to India was to establish stronger relationship with suppliers based in India, from whom our company buys in big volumes.

3) I do not fall in the STEM system. My OPT is goin to end on the 27th ofseptember 2008.

Hope this is sufficient information.

rgds
satish

[txh1b]

If you enter before the H1b kicks in, you will be fine. Did the H1b approval come with an attached I-94? It probably did. If so, you will be fine with your travel. Talk to your DSO from school to get your OPT I-20 endorsed for travel.

I797 can never be used as a substitute for the visa.