Wrkg on OPT, Comp willing to apply for H1 (Apr'13). Can I leave the country


I graduated from a Masters program in Integrated Marketing Communications and I got a full time job with a company in May. By the time my labour certification came through, the H1B cap was reached.

My company is now willing to apply for my H1B during the next window - April 2013 and is aware and willing to not have me work for them for 9 months (OPT expires on 16th February 2013).

Once my company applies for my H1B (in April 2013), can I leave the US and come back if/when my H1B is approved (to start work in October)?

Yes, you can come back to work in October if your H1 is approved. But make sure your company is willing to wait for such a long gap or try to have a work from home option for those 6 months.

So it is fine if I’m not in the country during the period of h1B approval correct? I’m a little confused since they usually say that you shouldn’t travel when USCIS is assessing your documents for H1B approval.

As far as I know, It should not be a problem at all. Also, you can stay here in USA till October if you apply for H1 and get your receipt number in your grace period. But, you cannot work from 16th Feb to Sep 30th if approved since you cannot apply before your OPT expires.

Thanks! … Yes. I know I can stay back if I get the receipt before the end of my ‘60 day departure’ period. I was just wondering as a back up (in case I don’t get my receipt).