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?

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.