Is it Ok to Travel When H1B is Applied – Before Approval?

I’m currently on STEM OPT. My company applied for H1B this year and we received an RFE. I need to travel to India so is it ok to travel at this time? I will be coming back before the company responds to the RFE so there wont be a change of status during my travel.

Possible suggestions from the Facebook Community Members:

H-1B can be filed in two ways:

  1. H-1B with Change of Status
  2. H-1B without Change of Status

So, think of H1B as two separate applications when filed with COS.

  1. Application for H1B Visa Employment
  2. Application for Change of Status (from current status)

If you travel while H1B is pending and they have applied via Option 1 – With Change of Status, then your Change of Status request will be abandoned. But USCIS could approve your H-1B petition.

Impact?

After approval, your current status will not automatically change to H-1B.

You have to attend Visa stamping, enter the US on H1B status.

So, talk to your attorney and ask them about the impact. Notify that you plan to travel.

They could do Premium Processing. You can travel after approval of H1B with COS.

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