Hey guys,

Has anyone travelled betn OPT and H1. MY h1 has been approved as of 11/01/06 and my opt expires on 07/14/07. Would it be possible for me to travel to nepal under my OPT since my h1 wont start until nov 1st 2006. Has anyone travelled like that?

it's a document, Travel permit also knows as Advance Parole or Re-entry permit, that you can apply, while your file is being processed for either green card or H1.usually takes 2 months to get approved. and you dont need to get a visa to come back to US.

And mansion Can you shed more light on this issue.....................I am feeling like either I have to limit on H1 or look for another employer who can sponsor for direct green card. :-(

I could be wrong on this, as rules might have changed now, so please check.

I traveled to Europe while in OPT. As my re-entry visa stamp had expired, I had to acquire a new one to re-enter the US. I applied in London consulate and they provided it to me without much hassle. So, yes, you can travel during your OPT prior to H1B.

If you are in the process of applying for GC, then it is a different story and you do need Advance Parole.

Yes you can travel while on OPT as long as your F1 visa is still valid.
I know someone who did it. But make sure you call INS office. I even called for that person and the INS officer who was on the phone was very helpful and said you could travel while on OPT.

Thank you for ur suggestions, I know we are able to travel on our opt. But my question to you all is, can i travel when i have my h1 visa is already approved as of 11/01/06? Some are saying that if i hadnt gotton my h1b yet there would have been no problem travelling but since i did then i would need to come back in as h1 visa.

My company is starting a new project starting a 8 mons long project as of 10/01/06 and would not want me to leave after 10/01/06 but now they dont have any work there and they can give me a month off if i wish. But my problem is tha i cant get stamped for h1 visa yet in nepal, cos the rule is we can only apply h1 10 days prior at the most and im not sure if i can come back in with OPT when i already have h1 approved. I think i fell in the Crack or INS rules.

i suggest wait until you get your H-1 stamped then go to nepal.

okay here's my say:

1) there is no clear cut rule for one's travel during OPT. it all depends on how you can convince those immigration officers at the port of entry in US and exit in nepal.

2) my suggestion is get some official letter from your company explaining that you are on a process and your H1 will start from this date.

3) if you can show some urgency for your travel, that would be better.

4) best bet is to wait, but then if you want to take a chance, you can. i don't think they will dney your entry if you have the letter from the company and good enough reason for your travel.

5) my suggestion is based upon what one of my friends did when he had to go to nepal because of urgency. he was in opt and his H1 was not approved then.


g'luck

Loote

Thanks for ur suggestion loote and others, i am trying to ask an immigration lawyer for thier views.

It all depends.

If YOU HAVE NOT GRADUATED, you can travel outside US, while your OPT is still being processed, for reentry, YOU NEED A VALID PASSPORT, and a F-1 VISA STAMP , and I-20,that is less than 1 ys old.

F-1 student, who has filed for OPT to begin after graduation may travel, outside US, while OPT is pending. you need to present, EAD, of if your OPT is pending, the ORIGINAL I-765 receipt notice.

For students, who have graduated, and had their OPT APPROVED, CANNOT TRAVEL OUT (well they can but ) and CAN NOT REENTER US
, during the OPT process UNLESS THEY ARE ACTUALLY RETURNING FOR THE JOB ( meaning they actually have had a signed contract, or are out on a vacation to nepal or whatever, and has a written notice from their employer saying, he/she is employed till so and so date)...meaning you can only reenter US , TO RESUME YOUR JOB.

NO JOB, NO REENTRY , NO OPT.
BE CAREFULL.

Thanks Mansion,

I appreciate ur suggestion , but u are suggesting me things i already know,

I know that F 1 who are on OPT with a valid Job offer can travel with OPT as long as they have employers letter with them.

But i learned that if the student travels in between COS request ( change of status from OPT to H1) his COS request will be dropped considering the student abandoned his COS request.

So my question to u all is, can i still travel as an OPT STUDENT when i have my h1 approved as of 11/01/06 and still be able to enter the country as an OPT student with my employers letter and my valid f1 visa?

"...But i learned that if the student travels in between COS request ( change of status from OPT to H1) his COS request will be dropped considering the student abandoned his COS request..."

" So my question to u all is, can i still travel as an OPT STUDENT when i have my h1 approved as of 11/01/06 ..."

THESE ARE 2 CONFLICTING STATEMENT....

is your H1 still in the process or is it already approed.

1. if your H1 is still in the process, and your OPT has expired, you can stay here for 60 days. BUT YOU CANT TRAVEL.

2. if you still have your OPT, and your H1 is approved, then you can travel.

I have an OPT valid till 07/14/07 and my employer recently applied my H1( premium Processing ) starting 11/01/06. Remember my H1 starts from 11/01/06 so my status will be changed to h1 as of 11/01/06. So until that day i can work with my OPT. So if i travel and come back on Oct 06, will there be a problem?

OK, i am little confused here.

if you already have received, a letter saying, you H1 has been approved, and will be effective as of 11/01/06, and if your opt expries only in 07. then yes you can travel.

My h1 has been processed couple days ago and i should be receiving confirmation soon. Once approved it will take effect as of 11/01/06. But some are saying that since my status will be changed from student to H1 as of 11/01/06, i would need to enter the country in h1 visa and i woundt be able to enter with my existing OPT f1 visa.

Sidster,

I say, Do Not Travel. You already have consulted with a lawyer and he is your best hope. If it's not an emergency I think everyone would suggest or would want you to stay here and get through your paper work first. You've said you already got approved then you say it's in the process. I don't get it, but I am assuming that you are assuming it will be approved since you filed under Premium Processing. Best Wishes to you.

Again, if you don't have to then, do not travel until you have your H1B approval. Do let us know what you decide.

-LoGiN

Login,
H1 has been filed premmium processing and i am pretty sure that it will be approved. Its just that my company will have new project starting middle of oct 06 and the project will last for 14 mons. They have already advised me that they wouldnt be able to give and long leave for that period and they are willing to let me go before the project starts. The reason i want to leave is, its either now or after 2 years that i can visit nepal. I want to visit because its been a while i havent seen my family and some old folks are almost done living...he he.

I would still advise you going to nepal with a stamp. I'd recommend Canada/Mexico to get a stamp. Since you are sure you're H1 will get approved, you rather not take a chance. H1-B entitles you to seek dual status i.e. H1B and PR but under F-1, you are only entitlled for one. Under the Law, you should have no intention to reside in the U.S. after the completion of your education.

So once you have your H1, you can argue that it is dual intent but under OPT, that is considred illegitimate, if not illegal.

It's a tough decision. The choice is yours.
-LoGiN

Yea its been a tough decision. But thanks for ur concern Login.

I found some valuable information regarding my situation. I guess i can travel on valid OPT once i get my H1 opproved, even if it will take effect from future, which is 11/01/06. I have posted the link below which can be helpful to others who may get into a similar situations like i do.

http://www.murthy.com/news/n_cosapp.html

try to stay in the country. dont leave.