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F1 - OPT/EAD - Got a job -- When can I travel to India?

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  • F1 - OPT/EAD - Got a job -- When can I travel to India?

    I graduated, applied for post-completion OPT and received my EAD. It is valid from 01/10/12 and card expires 10/31/12.

    I got an offer letter from Intel. I am currently waiting for the start date from my team manager, and I am told it will be towards the later half of February.

    Additionally, I am informed --- "Your petition will be filed on April 1, 2012 with an effective date of October 1, 2012."

    My question is - when can I realistically expect to be able to fly to India? At the earliest? Will I have to wait till October 1 to be able to go back? Is there any way I can make the process faster so I can travel to India earlier?

    Just curious ... thanks !

  • #2
    It depends on how your H1B petition is filed. I believe it will be filed as a COS from F1 OPT to H1B. In such case, it is not advisable to travel after the petition has been filed until October 1st (When your status will automatically change to H1B). You can travel anytime before the H1B petition is filed and return back in OPT. The petition can be filed after you come back from your vacation provided the H1B CAP remains open at that time. Alternatively, you can plan the travel such that you re-enter only after October 1st in H1B visa.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      It depends on how your H1B petition is filed. I believe it will be filed as a COS from F1 OPT to H1B. In such case, it is not advisable to travel after the petition has been filed until October 1st (When your status will automatically change to H1B). You can travel anytime before the H1B petition is filed and return back in OPT. The petition can be filed after you come back from your vacation provided the H1B CAP remains open at that time. Alternatively, you can plan the travel such that you re-enter only after October 1st in H1B visa.
      Thank you

      I have another question. So my employer applies on April 1st, and it is approved some time in a couple of months, say July or August. Am I still not allowed to travel and come back before Oct 1st on my OPT? The only travel option I have is to schedule my return post-October 1st? (When do I have my VISA interview in India? Or is that not necessary at all?)

      Comment


      • #4
        Well, it is not advisable to do that. Technically you are suppose to return all the I-94s when you leave the country. Which means, you have to return the I-94 that comes with your H1B COS. If you return back in OPT, then you will never know whether the status changed to H1B or not as of Oct 1st as you have left the country before the COS actually happened. This is kind of a grey area and it is not advisable to take that risk. You may end up being in a wrong status after Oct 1st which will cause issues later.

        Originally posted by harisund View Post
        Thank you

        I have another question. So my employer applies on April 1st, and it is approved some time in a couple of months, say July or August. Am I still not allowed to travel and come back before Oct 1st on my OPT? The only travel option I have is to schedule my return post-October 1st? (When do I have my VISA interview in India? Or is that not necessary at all?)
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          Well, it is not advisable to do that. Technically you are suppose to return all the I-94s when you leave the country. Which means, you have to return the I-94 that comes with your H1B COS. If you return back in OPT, then you will never know whether the status changed to H1B or not as of Oct 1st as you have left the country before the COS actually happened. This is kind of a grey area and it is not advisable to take that risk. You may end up being in a wrong status after Oct 1st which will cause issues later.
          Thanks for your advise!

          I guess I will just schedule my trip in such a way I return after Oct 1. !

          Comment

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