What to do about an F1 status with OPT-EAD and leaving and re-entering the country?

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What to do about an F1 status with OPT-EAD and leaving and re-entering the country?

I am currently in US on F1 status with OPT-EAD valid for another 3 months. I had applied for H1 and it has been approved with an effective start date of 10/01/13. I have a family emergency and need to leave for India on 08/15/13 for 2 months. The fact that I have an approved H1, can I leave on OPT and re-enter the US in about 3 1/2 months after doing my H1 stamping in India? If yes, are there any possibilities of complications?

Asked on June 21, 2013 under Immigration Law, New Jersey

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, as long as you plan to get a H-1B visa prior to returning to the US, you should be fine.  Of course, there may be delays with the consular processing of the H-1B visa as many Consulates will review the approval or you may be subject to additional administrative processing.


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