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  • travel while h1b is in processing

    I am on opt and it is there till 2011 july. I am going to india while my h1b application still in process by uscis. By going outside the country when decision is pending has any affect on my h1b processing.

    If so let me know what has to be done to make the processing unaffected. I mean to say is there a way to keep the application on hold till i return back.
    Last edited by inamgift; 07-13-2010, 11:04 PM.

  • #2
    If your leave the country when the application is under process then your COS might get denied. Possibilities are that H1B might get approved as a consular process, in which case you need to get the visa stamped and re-enter in H1B. So it is advisable not to travel when the application for COS is pending with USCIS.

    If the H1B gets approved as a COS, then upon returning back on F1, your status will change to H1B starting Oct 1st. If you return after Oct 1st, then your status will remain as per the visa on which you entered.
    Not a legal advice. Use of this information is strictly at your own risk.

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