Travelling on OPT during H1b Petition

USA H1B Visa
1

Hi all

Thank you all for your updates and comments it keeps us all well informed of where USCIS is.

 

I have an urgent scenario where I will need to travel for a short period (Apl 26-May 11th), and my 2015 H1b is filed under non pp/Vermont/AD.

 

I have received consultation from multiple parties, including my attorney who said that traveling will not null/void my in process H1b petition but could possibly indicate abandonment of the (AOS) portion of the application since a new I-94 will contradict the I-94 in the application packet.

_I could delay my trip for a week, giving time for a hopefully selected petition and travel after that would be OK (Correct me if I am wrong)

 

Has anyone run into this issue? Please I would like to hear your opinions. Will appreciate any help!

 

Other info: (OPT Valid thru Nov. '15 and F1 Valid thru 2018)
2 Likes
2

Travelling is not a problem unless U justify it when asked. There are NO Limitations on Travel

3

Thank you much RaNa for your response…

Would you be able to tell me what sort of scenario would I be required to justify travel? (RFE? or at Port of Entry?)

I will not mind abandoning my AOS and applying for a CP at later date as long as:

  1. If petition is selected - it doesn’t get rejected due to my travel
  2. It is easy to apply for a change from AOS to CP
4

Not an RFE… I was refering to questions at POE

5

Yes, I will be more than happy to justify travel (I can even carry documentation on the reason for travel)

If I do abandon the COS, can I re-instate it at a later point? Or will my attorney (upon my return and the assumption of a favorable lottery outcome) have to process some paperwork to switch to CP prior to USCIS asking me to do so.

6

AFAIK u must be in US when ur case is approved for COS to come in effect… Urs is not PP, so need not worry, ur case will not be approved before may 11, so it must be ok

7

RaNa

Once again thank you for your answers, I sought a second opinion from an attorney who corroborated the above.

Traveling does not null the H1b Petition (Just the C.O.S. if your immigration attorney has applied it as such)

Upon return on valid OPT status, the applicant can opt for CP (Cost Effective) or re-apply the H1b Petition (But be cap-exempt) the second time around.

I hope this helps others in the same position, if anyone was in a similar situation in the past I am sure eveyrone would love to hear from it.

8

I’m in the same boat. How was your experience while coming back from India? Did your CoS got cancelled? Did you file a new one? I’d really appreciate your advise as I have to travel to India in the last week of Aug, 2017 and will come back within 7 days. My OPT is valid till July 2018 and my H1B is due for RFE as of now. Did you have to convince the officer at POE? What procedure you had to do in order to reinstate the H1B petition with new CoS? I’d truly appreciate your response. Thanks!

Thanks,
Yeda Poda