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Travel on OPT/H1B approved

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  • Travel on OPT/H1B approved

    I will be travelling from USA to China first, then from China to India and then back to USA in the month of July. I am currently on 17 month OPT extension which will end on Jan 2012. Also, My H1B is approved and it will start from October 1st,2011.
    My question is:
    Can I get my visa stamped before October 1st when I will be there in July?
    or I can travel on OPT.

    Visa for China will be sponsored by my company, Will there be a problem if I travel on OPT to china.

    Please advise.

    Thanks , Vishwa

  • #2
    You can get the H1B stamped anytime. However, you cannot travel in H1B visa until September 21st. You can travel in H1B visa only 10 days prior to the H1B effective date.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      Thanks for reply Shervin,

      Can I travel to China and then to India on OPT. Come back to USA on OPT, without stamping. Do you think it will be an issue?




      • #4
        Travelling to your home country through China or any other country is not an issue. However, when you leave the country, you are technically suppose to return all the I-94s. So you have to return the I-94 that came with your H1B approval notice as well. When you return back in OPT, your will get a new I-94 at the POE valid only till the OPT expiry date. You will never know for sure whether the H1B became effective as of Oct 1st or not since you left the country. This kind of a grey area. I would advise you not to take the risk. The travel is not advisable unless your are planning to get the H1B stamped and return back in H1B visa.
        Not a legal advice. Use of this information is strictly at your own risk.