Travel to India with H1 Approval, but on OPT

Hi

I have to attend my brothers marriage and I need to be there on May 20.2013

My F1 visa Expires on May23 2013…

My OPT expires on July21 2013

I am filing premium H1 process with a reputed company.

Please let me know what are my options…

Thanks

RD

Unless RFE is issued, your H-1 will get approved w/ COS by the time you leave US.

However, to return to US you will need to go for F-1 visa stamping (I assume you will return after May 23), which may not be possible as you have already graduated and are about to complete your OPT. The other thing you can do is to appear for H-1 visa stamping but then you cannot return until Oct.

Your H-1 is being filed through a reputed company, so they should have some reputed attorneys who can provoide you w/ additional alternatives.

Thanks Saurabh.,

Will this be applicable to my situation?

2.C. What if my F-1 student visa has expired?
You can stay in the United States on an expired F-1 visa as long as you maintain your student status. However, if you are returning home or traveling to a country where automatic revalidation does not apply, you must have a valid visa to return to the United States.
Ensure that you have all the documentation you need for your visa application and allow sufficient time for processing a new visa. The documentation you may need for a new visa includes, but is not limited to the following:
A SEVIS Form I-20, endorsed for travel and signed by your DSO and your original Form I-20 (see your DSO before you travel)
Original evidence showing proof of necessary funds to cover tuition and living expenses
Evidence showing your intention to return to your home country upon program completion, including evidence of compelling social and economic ties to your home country
If you have applied for or had optional practical training (OPT) approved, bring a copy of your Form I-20 endorsed for OPT and your Employment Authorization Document (EAD), if one has been issued
The Department of State recommends that you apply for a visa in your home country. For more information about visa applications visit the Department of State website at http://travel.state.gov/.
You can apply in a third country for a visa, but you will not be able to return to the United States until your visa has been issued. In some cases, this could take several weeks if a background check is required. If your visa is denied, you will not be able to return to the United States. Be sure to check the Department of State website for specific information pertaining to each consulate.
If you have an expired visa and a terminated record, we strongly advise that you do not travel outside the United States until your SEVIS record shows that you are in active status. If you do travel, you may not be able to renew your visa or return to the United States.
.
.
2.E. I wish to travel to Canada, Mexico, or one of the islands (other than Cuba) adjacent to the United States. Can I return if my visa is expired?
Yes, in most cases. You can usually revalidate an expired visa automatically when returning from a visit of less than thirty days to Canada, Mexico, or one of the islands adjacent to the United States (other than Cuba) provided that you have a valid SEVIS Form I-20 and a valid unexpired Form I-94. This process is known as automatic visa revalidation.
However, if you meet any one of following criteria, you will not be able to automatically revalidate your visa.
You applied for a new visa and it has not been issued
You applied for a new visa and were denied
You have a terminated SEVIS record indicating that you are out of status
You have been out the United States for more than thirty days
You are a citizen of one of the following countries:
Cuba
Iran
North Korea
Sudan
Syria
[Reference 8 CFR 214.1(b)(3)]

Source: http://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222014

2C applies as you will be in India when your F-1 visa stamp expires. So like it says, you will have to go for F-1 visa stamping. I don’t know the chances of F-1 stamping approval as you will be on OPT w/ a filed H-1 petition. Check w/ your DSO or an attorney.

2E doesn’t apply as you are not going to CA, MX etc.