I graduated in 2012 with an MBA from US and worked in a company in New York. I left that job on 28th February 2013 and came back to India on 2nd March 2013 due to some personal reasons. During this period another US company reached out to me and they actually filled my H1B. I won the lottery and my application is under review.
My OPT expires on 20th May 2013.
Can I go back to US before the said date and work for the company on OPT if my H1B is still under process?
Kindly advise.
Thanks.
Since you have been outside the US for less than 5 months, you should be able to return on OPT status. In addition due to cap-gap your OPT can be extended until your H1-B change of status (October 1st).
Check with your school's international office.
From [http://www.ice.gov/sevis/travel/faq_f2.htm](http://www.ice.gov/sevis/travel/faq_f2.htm)
2.O. Can I reenter if I left while on OPT?
If your OPT has been approved and you depart before you get a job, your OPT ends and you cannot reenter unless you have a written job offer.
If you have a job, you may travel and reenter to resume work at the same job or you have a written offer for another job.
From [http://www.wm.edu/offices/revescenter/issp/visasandimmigration/f1student/internationaltravel/opttravel/index.php](http://www.wm.edu/offices/revescenter/issp/visasandimmigration/f1student/internationaltravel/opttravel/index.php)
You should be able to return to the U.S. after traveling while on OPT as long as:
you have a valid EAD (OPT card)
you meet the immigration admission requirements for F-1 status (i.e. you have the required documents - passport, F-1 visa, I-20 and EAD, you are not inadmissible due to commission of a crime, etc, you do not have immigrant intent)
you have not been out of the U.S. for more than 5 months
you are coming back to resume employment
your I-20 was signed for travel within the last 6 months