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  • H1B leaving the country

    Hi,

    My H1B is currently being processed. I received an RFE last month for which the last date of submitting the documents is in April. I want to go to India in March for 2 weeks. Can I leave the country and come back, then request my employer to submit the documents? Or will my H1b petition get revoked?

    If I submit the documents now and get the H1B, it will anyway be valid from October only. So do I have to get it stamped now itself? Can I return on my OPT/F1 visa status? My OPT is valid till June.

    Thanks,
    Vivek

  • #2
    My H1B is currently being processed. I received an RFE last month for which the last date of submitting the documents is in April. I want to go to India in March for 2 weeks. Can I leave the country and come back, then request my employer to submit the documents? Or will my H1b petition get revoked?
    >>> You can submit the documents anytime before the due date mentioned in the RFE. Until then the petition will not be declined.

    If I submit the documents now and get the H1B, it will anyway be valid from October only.
    >>> Why will it be effective from Oct? Your H1B will become effective when it gets approved.

    So do I have to get it stamped now itself?
    >>> Visa is only an entry documents to U.S. If the approval comes with a new I-94, then you can start working for the employer without the need to get the visa stamped. Whenever you leave U.S, you will need a valid H1B visa to re-enter.

    Can I return on my OPT/F1 visa status? My OPT is valid till June.
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hey,

      Thanks for your reply!
      Ok, so bottom line, whether I get the H1B or not, I can go abroad and come back as long as my F1 visa and OPT are valid and it will not effect my H1B process at all. Correct?

      Thanks,
      Vivek
      Last edited by vivekrao1985; 02-09-2012, 06:59 PM.

      Comment


      • #4
        If your H1B gets approved, then you are no longer in OPT. In order to return back in OPT, you need to talk to your school's DSO. Otherwise you will not be able to re-enter in OPT status. You can go out of U.S and return back in OPT before you respond to the H1B RFE.

        Originally posted by vivekrao1985 View Post
        Hey,

        Thanks for your reply!
        Ok, so bottom line, whether I get the H1B or not, I can go abroad and come back as long as my F1 visa and OPT are valid and it will not effect my H1B process at all. Correct?

        Thanks,
        Vivek
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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