Travel on F1 while H1B is picked up in lottery and pending approval
[Posting on behalf of a friend] Anybody here who has traveled outside the country while H1b (with consular notify option) was under process (picked up but pending for approval)? I have graduated in May 2019 and want to visit India before joining the company, below are my concerns 1. Does USCIS drop our SEVIS record once H1B gets approved? 2. As F1 is nonimmigrant visa and H1B is dual-intent, will there be a problem at the port of entry if H1B gets approved in the meantime and I re-enter with F1 Visa and EAD card? The immigration attorney says I can travel but its a bit risky. Any suggestions will be really helpful.
Buy tickets to travel on Saturday. Check approval status on Friday if approved need fo get stamping done then change flight accordingly and if not travel on Sat and u will be in US on Sunday and you have F1 with necessary docs. I have done this and worked out fine as it didn’t get approved in mean time. Only do this if it’s urgent though.
You can not reenter if h1 gets approved in mean time. Entering on f1 while h1 pending doesn’t raise any eye brows as its super common.
Why I cant re-enter if h1b gets approved ? As it is under consular option my visa status will not change automatically from f1 to h1b. It should still be F1. My concern was what if they drop sevis record
You can be only on one visa at a time. The moment h1 is approved you are on h1. Your f1 is no longer valid. Once your h1 is approved you can not enter without valid h1 stamp.
Yes, but was already working and didn't have any issues.
In your opinion, what difference does that make ?
You already have a job, offer letter, and paystubs. So, that makes it essy to show intent to return.
Don't travel. Sit tight. Don't ask reason