Travel on F1-OPT with H1B approved

Hi,

I’m currently on F1 visa. My OPT starts from July 8th, 2013. My EAD also starts on July 8th , 2013. My company filed an H1-B visa on behalf of me and it is approved now.

I wanted to travel to India now and be there from May 28-July 5th 2013. If I fly back to US on July 5th, 2013 , is there a chance of denying entry? I would be working on EAD from July till my H1B gets activated. Also, do I need to travel outside US when H1B takes effect ( in October I guess? )

I am not sure. I assume you have already graduated and your employment starts from July 8th. Your OPT/EAD will not be valid on the date you are returning, so not sure if that can cause an issue.

Check w/ your H-1 attorney.

Thank you Saurabh for answering my question. Yes I’ve graduated from University.

My attorney said the following:
There are still risks associated with international travel in F1 status when your H1B is approved. The government may question your non-immigrant F1 intent with the H1B already approved.

Is this a possibility?

Its a possibility but I am not sure how often that happens. Lot of people travel on F-1 when their H-1 is pending or already approved. One is suggested not to travel on cap-gap but OPT should be fine.

You can search for other experiences online and then gauge if you should travel or not.

Thank you Saurabh, I’ve seen some of my friends travel in the same situation and their attorneys have replied saying its fine. I’m not sure why my attorney has a different view.

He may be playing safe and giving you the worst case scenario. This way if things go south, he can say “told ya”.