Can I travel Internationally while my H1b petition is pending?
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Can I travel Internationally while my H1b petition is pending?
I just graduated yesterdayMay 12 and my employment starts on June 4. I have I-20 with OPT recommendation and EAD with same start date as June 04. My Employer filed a H1b change of status petition on April 1 and its result is still pending. I know that with consular petition you can travel but mine is change of status type petition. If I leave country on May 19 then will I be able to enter US on May 30th without any complication?
Asked on May 14, 2018 under Immigration Law, Texas
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you travel while the change of status is pending, the travel essentially terminates the change of status portion of the application. So, what this means is that even if and when the H-1B is approved on the merits, it will most likely be approved for consular processing and not as a change of status, which will mean that you will have to travel internationally again in order to apply for and obtain a visa (H-1B)
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