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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5072
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am an international student on F1 visa and I graduate

Customer Question

Hi, I am an international student on F1 visa and I graduate on May 15th, 2016. I have a job offer and my employer has filed for the H1B application. I have also applied for my EAD card - the application has been received by USCIS (that is what the status says). I need to urgently travel to India because of a personal emergency -my father has suddenly fallen ill. I have three questions:If I travel to India now, (i) will my H1B application be at risk/get cancelled? (ii) will my EAD application be at risk/get cancelled? (iii) is there any risk to my entering the country a week from now?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.
Hello, my name is ***** ***** I will be the immigration attorney helping you today. Please keep in mind that we only receive credit on this site when you issue a positive rating by choosing the stars or happy faces. We do not receive a salary from the website. We appreciate your consideration in advance. Below is your answer. I'm very sorry to hear about your father and I do hope that he gets better soon. i.No your H1B I-129 petition is not at risk and will continue to be processed even if you depart outside the US. ii. No, your EAD is not at risk. You are still on F1 visa and have not completed studies so you should have no issues as long as you have your valid passport with unexpired F-1 visa stamp, current I-20 signed on the bottom of page 2 within the preceding 6 months.iii. There are always risks when any non US citizen tries to re-enter the US. It is always up to the customs's officer discretion to allow you into the US or not but no, there is no specific additional risk that I see from your particular situation. Have a safe trip! Good luck to you during this process and I hope this answer has helped you!If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal. Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid. This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost . Any bonus you wish to provide will be very appreciated.If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.