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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106260
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I'm an Indian citizen and my H1- was picked in lottery.

Customer Question

Hello
I'm an Indian citizen and my H1-B was picked in lottery. I'm currently on OPT valid till aug 8 2016. I have applied for OPT extension too. MY biggest concern is I want to travel to india in July for three weeks and I have been hearing its not safe. Can you help out>?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Well, you are correct, the U.S. Embassy in India is known for places H-1B cases in Administrative Processing. There is no way to guarantee that you will not be at risk for that. Do you have solid OPT? Do you have a solid H-1B case? I assume you have no crimes in your background, not even a DUI that has been a recent development in visa issuing?
Customer: replied 8 months ago.
No criminal background. I do have a solid OPT valid till aug 8 and I applied for extension too which should be granted by next month.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Ok. Here is the official link to travel while on OPT: https://www.ice.gov/sevis/travel If you will be getting H-1B visa stamping in India to use to come back within 10 days of October 1, 2016, then you should take a complete copy (or as much of it as you can get) of your H-1B file and the approval notice to turn in to the U.S. Embassy if they request it. This can help you avoid Administrative Processing, but there is no guarantee. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 8 months ago.
My question was that I'm planning to travel in the month of july. And H1-b Is under process with valid OPT. Is it safe to travel?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Your H-1B has been picked. Has it been approved or it is still pending approval?
Customer: replied 8 months ago.
Its just picked. Hasn't been approved yet. If I do premium processing it can be faster.
Customer: replied 8 months ago.
Can you please advise me about the travel, whether its safe to go right now or not?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Sorry about the delay. It is a busy evening and I was helping other customers at the same time. I was not abandoning you. If you leave the U.S. while the petition is pending, it can still be approved, but the change of status from F-1 to H-1B would be abandoned. You would either have to file for an H-1B visa stamp outside of the U.S. and use it to come back in the 10 day period before October 1, 2016. Or, if you come back on F-1/OPT, you could need to submit a new petition requesting change of status to H-1B. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!
Customer: replied 8 months ago.
So what if I do premium processing and my h1-b is approved in next month. and then I travel in july? Will it still be abandoned?
Customer: replied 8 months ago.
Go in july and come back in july end.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Not the petition itself, but the change of status. So you would either have to leave the U.S. around September to get H-1B visa stamping to come back within the 10 day window before October 1, 2016, or you would have to file a new change of status from F-1 to H-1B which can be expensive, though it would not be subject to the cap again. Let me know if you need anything else, but please do not forget that positive rating. Thank you!
Customer: replied 8 months ago.
And what if I get my h1-b approved before I leave usa?
Also isn't stamping done after the oct 1st?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Stamping is not necessarily done after October 1st, but if you get the H-1B approval done before you leave, then you should be ok. Here is a link to a good article: https://www.avvo.com/legal-guides/ugc/travel-abroad-on-opt-and-while-changing-status-from-f-1-opt-to-h-1b Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does NOT close if you forgot to ask something. You aren't charged again if you respond on the same thread. If you don't see the stars by my name, just let me know. Thank you for your understanding.

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