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(urgent) Travel while H1-b application is in processing for FY18

0 votes
Hello,

I am currently on OPT and my H-1B got picked in FY18 lottery today. I have to travel to India in May 2017. I have OPT until Dec 2018 and valid F-1 stamping. Can I travel to India and come back iif my application is approved before my return ?

Will there be a problem if my application is approved ? Or I can return before my application is approved.
asked Apr 21 in H1B Visa by omahamavericks (150 points)

1 Answer

+1 vote
I assume your H-1 has been filed along w/ COS.

If you leave US before H-1 is approved, then COS is abandoned as H-1 will be approved w/ consular processing. This means you would remain on F-1 until a separate COS is filed and processed, or you enter US on stamped H-1 visa.

If you leave US after H-1 is approved and return prior to Oct 1, you would still be on H-1 from Oct 1 and no separate petition is required.
answered Apr 21 by Saurabh (284,320 points)
Return before approval



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