Because of a family members critical medical condition I need to travel outside USA. Right now I am in OPT status and my H1-B application status is “Received H-1B Premium Processing Receipt”.
Other information,
OPT start date - 1/25/2016
OPT end date - 1/24/2017
EAD start date - 02/11/16
EAD end date - 02/10/17
Is it safe to travel right now, if not what are all the issues I would face?
-Thanks for reading this!!
Sorry to hear about this emergency. The only date critical to your travel are the F-1 visa dates stamped on your passport. If you are travelling within expiry date of stamped visa, you will be okay. The above-mentioned dates are relevant to Department of Labor and are not USCIS jurisdiction after issue, these are not travel documents.
Best wishes
Dr. Sandeep Shankar, hopehumanityATgmail.com; wwwDOThopeforhumanityglobalDOTorg
Thank you so much for the reply. It means a lot to me.
Sorry to hear about your family member. Just make sure you have a valid F1 visa to reenter and get your employer to apply for AOS once you are back in the USA. since you are leaving USA while application is pending you are abandoning your current status and when you employer sent your petition to USICs he would have request AOS(adjustment of status with you current I94 number).
if you can delay your traveling till end of May there is good chances your H1b Petition is already approved(considering USICS will start premium processing by May 12th as they stated and your employer will not get any RFE’s).
then all you have to do is attend H1b visa interview at the consulate.