I have Valid F1- Opt expiring Dec 2015 and filing H1 premium in April 2015.Is it ok to leave India for wedding in May(like 3rd week) once I am approved YES for H-1?
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Originally posted by Santoshini View PostI have Valid F1- Opt expiring Dec 2015 and filing H1 premium in April 2015.Is it ok to leave India for wedding in May(like 3rd week) once I am approved YES for H-1?
If your H-1B is filed as Change of Status, your H-1B won’t be affected if your H-1B is approved before you leave. You will return in F-1 status but on October 1, your status will change to H-1B.
If it is not approved (for example, there is an RFE), you can still travel. However, because you left before the H-1B is approved, your application for “change of status” is denied and then USCIS will approve the H-1B as a consular processing case. If and when the H-1B later gets approved, you won’t automatically switch to H-1B on October 1. In order to activate your H-1B, you will need to leave the country and go for H-1B stamping or your employer will need to file an 2nd H-1B Amendment application to change your status.
If you don’t have a valid F-1 visa stamp, don’t travel.
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