Leave US, due to OPT expire and dont want to use capgap


I am on OPT and my OPT expires on June 30 2012. My emloyer have filed for my H1(change of status) on May 22 and I am waiting for the approval. I dont want to use the capgap and return to India for few months and come back after my visa is approved and stamped?

So do i need to inform USCIS about my returning back to India? Process involved in such situation?

What are the consequences if I leave US now?

What issue I might have, If I leave US?

How my H1 will be processed? Will it be still considered as COS or fresh H1? Impact on H1?

Will there be a problem for stamping ?

What if my client changes?

No, you do not have to inform. When you exit the country, you will hand out the I-94 at the airport, it will update your immigration records that you are leaving.

There are no consequences. You should be fine to leave. Only thing is you cannot return to US on F1 Visa, you can only enter USA after your H1B is approved using that visa.

You COS will get abandoned, but your case will be processed and decision will be given.

Visa Stamping is something that no one can predict. If you have the right documents and your company is genuine and there is real need, you should be fine.

It depends on how your case was processed by attorney. You need to talk to your attorney before stamping so that you carry correct set of documents related to client.