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?
He isn’t on CAP Gap. He’s on OPT/F1 valid till Aug 2019.
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 .
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.
He should be able to but check with the attorney anyway to be sure.
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.
I’ve heard that Change of Status application is abandoned however petitioner’s H1B petition isn’t affected. If approved it won’t be active from 1st Oct but you’d need to go for consular processing to get your H1B activated. https://www.murthy.com/2016/07/07/h1b-transition-issues-international-travel/ https://www.murthy.com/2018/04/26/may-i-travel-outside-the-country-while-my-h1b-lottery-case-is-still-pending/
Yes best to talk to your attorney. They didn't let me leave and said if I did leave I could only come back on or after October first.
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
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..
@segfaul it’s August 2019. He’s on valid OPT/STEM
Oh 2019 part I missed.
Please cross check but I think this is the best time to go. No stamping required
If change of status, he can't. If consular processing, he can.
Thanks @g8h@1mq Possible to switch from change of status to Consular Processing? According to this - https://www.murthy.com/2018/04/26/may-i-travel-outside-the-country-while-my-h1b-lottery-case-is-still-pending/ USCIS automatically does that if you travel abroad.
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