International travel on Stem OPT while H1B application is pending

[Karpenter1]

Hello,

I am currently in my F-1 STEM OPT period. I plan to apply for H1B lottery this year in March.
My concern is that I absolutely need to travel to India in mid June. And if I get picked up in the lottery and apply for H1B, it is unlikely that I can get an approval by mid June. I want to know what are my options so I can positively reenter US and resume my job.omegle xender

I read that premium processing is usually suspended until June end so that does not look hopeful.

I can choose not to apply for H1B even after getting in the lottery and keep working with STEM OPT. But this is my 2nd chance at H1B and I feel that would be stupid.

I read that I can reenter US in July with STEM OPT while H1B is pending and can still work. But I am worried that it might cause issues at immigration. Also, it would result in abandoned CoS. And I am not sure that if H1B does get approved after I return, can I continue to work on Stem OPT past 1st October or is it absolutely necessary to India and get H1B visa and stamp done or have my employer files new cos application?

[rkk09]

Hi,
CAP 2022 registration will be opened from March 09 through March 25. Selection result will be published on March 31 and Petition can be filed from April 01 through June 30.. If you can able to return back to USA no later mid of June then you will not have any issues filing your petition with change of Status.. If you travel after you file the petition, at the time of Adjudication, if you are out of country then your case will be approved with consular processing.. if you want to change your status then you will need to go for Visa stamping and get H1B visa approved..
Regarding premium processing, as of now, USCIS have not released any official notification about Premium suspension. So plan accordingly..