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Want to visit INDIA at the time of H1 processing

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  • Want to visit INDIA at the time of H1 processing

    Hi i need to go to INDIA in MAY 2009 . But i will be applying for H1 in APRIL 2009. So is it safe that i can go to INDIA when my H1 is in processing state.

    I heard that my I-94 number will be different because i will be re-entering US if i go to INIDA in May which wont be same with I-94 number which i applied for H1B processing.

    Can anyone suggest me in this case.

    Please its very important.

    Thank you

  • #2
    I believe that you are doing H1 extension. If so, I don't see any problem with this.
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    • #3
      No i am not applying for H1 extension. I am applying for new H1 , i am in F1 now , working in OPT will be applying for H1 in APRIL 2009.

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      • #4
        Hi,

        We have passed thru the similar situation. My husband was on OPT and on his EAD, it was clearly written that EAD is invalid for re-entry in US so you will have only option to re-enter on H1. you can re-enter when H1B starts (October 1, 2009). We consulted a lawyer and he advised us not to leave US until you start work on H1B.

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        • #5
          Dont leave USA when your H1 is under processing. Wait for oct 1, work for couple of months, then only go out of usa.

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