For most Indian professionals in America, being selected in the H1B lottery is a big achievement. But what do you do if you must travel prior to your H1B being filed Sounds easy–your employer and immigration attorney provide the thumbs up, and you make arrangements to come back by the filling deadline. But getting back into the United States isn’t always that simple.
Although STEM OPT holders are usually permitted to travel, re-entry involves more than possessing the correct documentation. Immigration author your upcoming travel, work, and future visa status in great detail. If you are suspected of soon changing to H1B, it may result in additional questioning or, on extremely rare occasions, denial of entry.
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Recent experience suggest that although most travel travel return without any problems, some face prolonged questioning. The key issue is establishing that you continue to have the intention of remaining in F1 status until the H1B process is finished. Officers will ask questions like why you went abroad, if you have a job, and when your employer iintends to submit the petition. Responses that appear ambiguous or inconsistent can be red flags.
To reduce risk, visitors are encouraged to have a full set of documents in hand, such as their STEM EAD, current I-20 with recent travel signature, offer letter, and paay stubs. Being prepared for immigration interviews with articulate, assertive answers regarding their current situation and intentions is also beneficial.
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Ultimately, whether or not to travel is a matter of personal risk tolerance. Some like to play it safe and remain in the U.S. until 1B is filed, but others take a chance, betting on solid documentation and preparation. Either way, being aware of the risks and preparing for them can be a game-changer.
First Story – H1B Selection Doesn’t Guarantee Easy Re-Entry
For most Indian professionals in America, being selected in the H1B lottery is a big achievement. But what do you do if you must travel prior to your H1B being filed Sounds easy–your employer and immigration attorney provide the thumbs up, and you make arrangements to come back by the filling deadline. But getting back into the United States isn’t always that simple.
Also Read – Biotech Jobs Dry Up for H1B Workers
Although STEM OPT holders are usually permitted to travel, re-entry involves more than possessing the correct documentation. Immigration author your upcoming travel, work, and future visa status in great detail. If you are suspected of soon changing to H1B, it may result in additional questioning or, on extremely rare occasions, denial of entry.
Recent experience suggest that although most travel travel return without any problems, some face prolonged questioning. The key issue is establishing that you continue to have the intention of remaining in F1 status until the H1B process is finished. Officers will ask questions like why you went abroad, if you have a job, and when your employer iintends to submit the petition. Responses that appear ambiguous or inconsistent can be red flags.
To reduce risk, visitors are encouraged to have a full set of documents in hand, such as their STEM EAD, current I-20 with recent travel signature, offer letter, and paay stubs. Being prepared for immigration interviews with articulate, assertive answers regarding their current situation and intentions is also beneficial.
Ultimately, whether or not to travel is a matter of personal risk tolerance. Some like to play it safe and remain in the U.S. until 1B is filed, but others take a chance, betting on solid documentation and preparation. Either way, being aware of the risks and preparing for them can be a game-changer.
