Travel To India (About to File my H1B)


I am a Physical Therapist working on OPT now and I am applying for H1B this april (H1b start date October 1st 2013) and my OPT is valid till 23 Dec 2013. I am thinking of going to India after applying H1B. I am planning to travel to India in April last week and return by May 2nd week. I have talked to my lawyer and he said I cannot go after filing my H1B. Reason - Your current I94 will be used to file H1B and when I come back I will have a different I94 and would create a problem.

Please Help me on this. Would Appreciate if anyone could Explain in Detail..Moreover Should i go For Premium Processing or Regular Because someone told that I can go to india once I have my H1B approved. Is this True? If yes can someone tell steps I would need to talk...



Hi Ankita!

Could you please share as to what you did in that situation last year? I am thinking of applying for premium processing of H1B and travel after the approval and return back on my F1 before october. Am I holding any risks here? Could you please share your experience there?

Would really appreciate some help