International Travel on F1 OPT After H1B Approved with Change of Status

Microsoft YSLX21
Jun 15, 2018 10 Comments

Hi,

Has anyone successfully travelled Internationally and reentered USA on F1 Visa with valid EAD card, when they have a H1B visa with change of status approved for a Future date?

So I am on F1 Visa in USA with Valid OPT , my H1B is approved with change of status to take place in October.

If I leave USA and return before October without H1B stamp, Can I still renter on F1 visa!?

TC - 100K

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TOP 10 Comments
  • Broadcom Ltd. / Design
    Tockhan

    Broadcom Ltd. Design

    PRE
    Apple, Broadcom Ltd.
    Tockhanmore
    COS approval is tied to recent I94. If you travelled out you can enter on F1 but COS will be invalid. However that doesn’t mean you lost H1B. You should be able to file for COS again and will not be considered under current year CAP. Consult with your employer immigration lawyer.
    Jun 15, 2018 0
  • Dolby / Eng ddplus
    I did it back in 2012. Had to file an amendment and stuff. With current situation, these days it is riskier than that.
    Jun 15, 2018 2
    • Microsoft YSLX21
      OP
      Why would u need to file an ammedment and what for?
      Jun 15, 2018
    • Cisco ( -.- )
      Same here. Did the same. But back then never gave a second thought, plus it was work related travel.
      Jun 15, 2018
  • Amazon / IT ohoV27
    Don’t do it unless it is absolutely required. It gets super annoying to deal with all these gray area issues.( I know a friend in same situation who didn’t go to India in his sister’s engagement).
    Jun 15, 2018 2
    • Microsoft YSLX21
      OP
      Can u elaborate the situation of your friend? If it was sisters engagement, he should have been able to go and come back after h1b start date with stamp
      Jun 15, 2018
    • Amazon / IT ohoV27
      He could. But still he didn’t. To avoid all the risk.
      Jun 15, 2018
  • Pandora Hdkr
    I know one of my buddies did it. I will reach out to him and let you know
    Jun 15, 2018 1
    • Microsoft YSLX21
      OP
      Ok, that would be great! Let me know
      Jun 15, 2018
  • Intuit MEhkwq
    Depends on if your opt is still valid or are you using cap gap? I am in the same shoes as you. Company attorney told me I can travel with valid documents. Shouldn’t be an issue.
    Jun 20, 2018 0

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