Travel to India after applying H1

[durga123]

Hi,
I have a question, I am on my OPT and my OPT is till dec 2012. I have to apply for H1 in june 2012. But I have a plan to Visit India in August.

Can I visit India in AUG 2012 for 15 days after applying for my H1 in June 2012 But I am confused Can I go to India after applying my H1.MY friends are suggesting me 2 options.

1) To apply H1 in No change of status and go to India and come back , in that way I dont need to go to stamping but Is there any problem later when I apply for change of status to USCIS again

2)Apply H1 (premium) with change of status , get the approval and go to India. Should I go to stamping if I do change of status, or can I go and come back as a student as my OPT is till Dec 2012.

Can you please suggest me the best possible way

Thank you!

[shervin143]

If you are planning to leave U.S before Oct 1st, then there is no point in filing the H1B as a COS from F1 OPT. You are not suppose to leave the country if the H1B is filed as a COS until Oct 1st. If filed for consular process, then you can re-enter back in OPT (after making sure your SEVIS is active after the H1B approval) and later when you are inside U.S file a COS to H1B. On the other hand, you can get the H1B stamped and return back in H1B visa on or after Oct 1st.

If H1B is approved as COS, then don't leave the country until Oct 1st unless you are planning to return back in H1B vis after Oct 1st. Otherwise it will create all kind of status issues.