Travelling during H1B is filed

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Hello Friends,   My H1 has been filed on May 22 for fiscal year 2013.Basically my H1B is on process. I am on OPT and my OPT expires on DEC 16th . Due to some family problem I wanted to leave USA. How my H1 pplication will be processed. Will it  be an issue, if I leave US prior to my approval.   What issue I might have, If I leave US?   How my H1 will be processed? Will it be still considered as  fresh H1? Impact on H1?   Will there be a problem for stamping ?

dark_shadow · Jun 18, 2012 12:29 PM · 3,910 views

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As far as I know, H1 gets effective from October (in your case October 2013 if accepted??). If you leave US before it's effective, you cannot enter US in H1 visa 10 days before the effective date (Oct 1st) even if it has been approved. You need to enter in OPT (extended?) or some other status. I have a related question. I heard there's an application you can fill to expedite your H1 stamping in Nepal. Does anyone know anything about it? I need to know because I think 10 days won't be enough to get everything done. Thanks in advance.

bairagiKancho · Jun 18, 2012 2:11 PM

P.S: Found this in some college website. Note: if your employer requests a change of status to H-1B (or an extension of H-1B status) for you, and you leave the U.S. before the application is approved, the change of status becomes invalid. Therefore, you should discuss any travel plans with an advisor or attorney.

bairagiKancho · Jun 18, 2012 2:23 PM

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Travelling during H1B is filed

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