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Thread: Traveled on valid F1 or H1 visa while pending U visa ?

  1. #1
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    Traveled on valid F1 or H1 visa while pending U visa ?

    Hi All,

    Please help me with this urgent question. Has anybody traveled outside US on Valid F1 or H1 visa and has applied U visa (Pending approval; case transferred and fees waived, no other update) ?
    If you'vr not traveled does any body know if one can without any issues? I'm seeing different answers from different people and lawyers. Some lawyers are saying it should be okay while others are saying not advisable since F1 requires maintaining "continuous non-immigrant intend" and does not allow for "dual intend". Contrarily, some people on this forum has said its not an issue and tehy have traveled multiple times with no issues.

    Please advise.

  2. #2
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    Hi,

    I have traveled out of U.S. with pending U-visa and valid H-1B. I had this confirmed with my lawyer. Perhaps you can check with your lawyer too, as I'm not sure how it works with F-1 visa.
    Just FYI - I applied in Aug 2015 and traveled in Jan 2017 and May 2018 without any issues. Hope this information helps. Good luck.

  3. #3
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    Thanks ekami. i really appreciate your help. I check with my lawyer and he said its on your own risk, make sure you've all paper work ready. I;m just too confused.

  4. #4
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    Quote Originally Posted by jayz1234 View Post
    Thanks ekami. i really appreciate your help. I check with my lawyer and he said its on your own risk, make sure you've all paper work ready. I;m just too confused.
    My lawyer was pretty confident that I could travel, as long as my H-1B paperwork was in the right order. I even went for H-1 stamping once. Honestly, they don't even bring up U-visa at the consulate interview or port-of-entry. Just make sure you have ALL your documents with you when you travel.

  5. #5
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    Quote Originally Posted by ekami View Post
    My lawyer was pretty confident that I could travel, as long as my H-1B paperwork was in the right order. I even went for H-1 stamping once. Honestly, they don't even bring up U-visa at the consulate interview or port-of-entry. Just make sure you have ALL your documents with you when you travel.
    I hope this is true for F1 visa as well. My layer is not useful at all, he doesn't know the exact answer. In fact, no lawyer know the exact answer

  6. #6
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    I would not advise you to travel on F1. I commented on this before and I looked into it more since then. Earlier this year. F1 requires that you have no intent to remain. An application for U status is intent. This can cause your F1 to be revoked. If anyone has done it they were probably lucky only because U application is private. But with this current administration I wouldn’t risk it. With F1 you may be able to work. I would try for a work permit and wait it out. But what ever you choose to do best wishes.

  7. #7
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    @jayz1234 - you're better off following Leah's recommendation related to travel on F1. My travel was on H-1B, which went OK. I have no experience with travel on F1. Make a cautious decision. Good luck, we all know how challenging it is, so sending you wishes.

  8. #8
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    Quote Originally Posted by jayz1234 View Post
    Hi All,

    Please help me with this urgent question. Has anybody traveled outside US on Valid F1 or H1 visa and has applied U visa (Pending approval; case transferred and fees waived, no other update) ?
    If you'vr not traveled does any body know if one can without any issues? I'm seeing different answers from different people and lawyers. Some lawyers are saying it should be okay while others are saying not advisable since F1 requires maintaining "continuous non-immigrant intend" and does not allow for "dual intend". Contrarily, some people on this forum has said its not an issue and tehy have traveled multiple times with no issues.

    Please advise.
    YOU HAVE NOT CHANGE YOUR STATUS FROM F1 TO U-VISA. SO IT IS OKAY. Immigration point of view you are still under F1 visa and it same for H1B or any other visa type.
    U visa filed Sep-2015
    Notice date Sep-2015
    Bio Oct-2015
    No DA

    http://www.splawforum.com/threads/18...rocessing-time

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