Traveling abroad on OPT/F1 Visa with H1B picked

84.51˚ / Other
hknnl

84.51˚ Other

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Apr 30, 2018 25 Comments

Asking for a friend, of course - My friend is currently on F1 STEM Extension which expires in August 2019. His H1B got picked in the lottery this year. Can he travel outside of US in July (and re-enter in July itself) on his F1 Visa? What kind of impact would that have on H1B petition?

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TOP 25 Comments
  • 84.51˚ / Other
    hknnl

    84.51˚ Other

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    He isn’t on CAP Gap. He’s on OPT/F1 valid till Aug 2019.
    Apr 30, 2018 5
    • Amazon / Eng JeffBez0s
      Even if he comes back using F1, he won't be able to work Aug to Sep. Anyway, this is best to ask a his attorney. The general guideline is don't travel during this time .
      Apr 30, 2018
    • 84.51˚ / Other
      hknnl

      84.51˚ Other

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      I don’t think that’s correct. There have been cases of h1 petitions getting ultimately rejected and people fall back on valid OPT continue their work. Your change of status to H1B only happens when the petition’s approved.
      Apr 30, 2018
    • Airbnb NYC_loser
      Nope. Once you've been rejected from a US visa it is nearly impossible to get another one.
      Apr 30, 2018
    • 84.51˚ / Other
      hknnl

      84.51˚ Other

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      @nyc_loser what do you mean? He’s not applying for a visa at the US embassy
      Apr 30, 2018
    • Airbnb NYC_loser
      Nevermind. I can't read
      Apr 30, 2018
  • Yahoo segfaul
    If Change of Status then NO he can’t come back till 1st Oct. If Consular processing He can.. But then he will have to go out anyway after August..
    Apr 30, 2018 3
    • 84.51˚ / Other
      hknnl

      84.51˚ Other

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      Why August?
      May 1, 2018
    • Yahoo segfaul
      Because as far as I know he can’t work until October 1st. And his opt expires in August.
      May 1, 2018
    • Yahoo segfaul
      So August and September no work authorization.
      May 1, 2018
  • Amazon / Product Ulub72
    He technically should be able to come back with a valid f visa. However he may not be allowed to enter the country as his f1 is non intent visa and if he is picked / approved for H1b it is dual intent. An officer can argue it shows immigration intent in the future.
    Again anonymous forum is not the best place to ask for any legal or immigration advice. Check with a lawyer / got for a free 30m consultation they all offer
    Apr 30, 2018 2
    • 84.51˚ / Other
      hknnl

      84.51˚ Other

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      Thanks. H1B is a non-immigrant visa right? I have seen many people getting F1 visa after H1B when they want to pursue another degree.
      May 1, 2018
    • Amazon / Product Ulub72
      It’s a dual intent
      May 1, 2018
  • Tesla eng56
    No stay in the country. If you leave and then come back, you get another I94 and your application still has the old I94. Your attorney can set you up however if there's a need. They do it for people who need to travel for work.
    Apr 30, 2018 2
  • Oracle g8h@1mq
    If change of status, he can't. If consular processing, he can.
    May 1, 2018 1
  • Microsoft YSLX21
    Hey, what did your friend end up doing? I am in similar situation, on valid OPT, h1B picked. Want to travel and return in F1 before Oct 1st.
    Jun 12, 2018 0
  • Microsoft / Eng
    XoQA40

    Microsoft Eng

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    XoQA40more
    It depends how the H1 was applied. If it is change of status he cannot. If it is Counselor notification he can travel.

    Ask your lawyer to confirm.
    May 1, 2018 0
  • Visa / Eng Lallón
    Please cross check but I think this is the best time to go. No stamping required
    May 1, 2018 0
  • Yahoo segfaul
    Oh 2019 part I missed.
    May 1, 2018 0
  • 84.51˚ / Other
    hknnl

    84.51˚ Other

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    @segfaul it’s August 2019. He’s on valid OPT/STEM
    May 1, 2018 0
  • Intuit Y2K-2
    He should be able to but check with the attorney anyway to be sure.
    Apr 30, 2018 0
  • Amazon / Eng JeffBez0s
    No, he wont be able to come back before September (30 days before 10/1). If he leaves now, he gives up OPT CAP GAP automatically. He has to wait until H1B in effect
    Apr 30, 2018 0

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