TaeJ Posted July 19, 2017 Report Share Posted July 19, 2017 I am currently working on OPT status, and I had been selected for H1B in this year's lottery. I know the change of status will take place automatically on October 1. But, I am planning on an international travel in September. So, I am trying to get my visa stamp while I am traveling outside of the US. Does anyone know what is going to happen to my OPT status if I get my H1B visa stamp while I am still on OPT status? I definitely need to make sure my employment status is not impacted. Thank you for your help in advance. Link to comment
JoeF Posted July 20, 2017 Report Share Posted July 20, 2017 When you are outside the US, you are not in any status, by definition. And OPT is not a status, anyway. OPT is part of the F1, when you are in the US with OPT, you are in F1 status. When are you planning to come back from your trip? Do you have an F1 visa stamp? Link to comment
TaeJ Posted July 20, 2017 Author Report Share Posted July 20, 2017 Thanks for your response JoeF. My situation is slightly complicated because my F1 visa stamp has expired. So if I want to travel international, I will have to get my H1 visa stamp before I come back. My plan is to leave in the middle of September and come back at the end of September or even early October (Oct. 1st or 2nd) To do so, I will need to obtain my H1 visa stamp in September. Do you think this will be possible without impacting my employment status which is binded to F-1 OPT for now? I guess the nuance I am trying to get to here is, will obtaining H1B visa stamp terminate my F-1 status? or, will my F-1 status be terminated when I enter the US with my H1 visa stamp? Thanks for your help. Link to comment
pontevecchio Posted July 20, 2017 Report Share Posted July 20, 2017 You can enter up to 10 days before start date based on the H1 visa. Your SEVIS and F1 status will be terminated with effect from the start date of the H1. October,1. Link to comment
TaeJ Posted July 20, 2017 Author Report Share Posted July 20, 2017 4 minutes ago, pontevecchio said: You can enter up to 10 days before start date based on the H1 visa. Your SEVIS and F1 status will be terminated with effect from the start date of the H1. October,1. So just to clarify, as an example, if I re-enter the US on Sept. 24th with my H1B visa stamp, what status will I be under for that last week of September? Will my employment be still valid during this time? I guess my confusion is coming from the fact that my H1 status won't start until Oct. 1, but I entered with my H1B visa stamp. According to what you told me, it sounds like I will be under F-1 status for that one week. Is that true? Link to comment
pontevecchio Posted July 20, 2017 Report Share Posted July 20, 2017 You are allowed to enter in H1 status up to 10 days before the start. But please realize the entry visa is controlling. Many people have a F1 visa and they get H1 approved with COS and in their case the H1 will kick in on October,1 or later. Are the employers the same? Link to comment
TaeJ Posted July 20, 2017 Author Report Share Posted July 20, 2017 1 hour ago, pontevecchio said: You are allowed to enter in H1 status up to 10 days before the start. But please realize the entry visa is controlling. Many people have a F1 visa and they get H1 approved with COS and in their case the H1 will kick in on October,1 or later. Are the employers the same? Yes, it is the same employer. So my concern is, If I come back to the US with my H1B visa stamp before Oct.1 (any time within the 10 day window), then I will be sort of stuck in the middle - meaning I don't have F1 any more because I entered with H1B visa stamp, and at the same time, I am not on H1B either because it is still September. In such scenario, I am worried that my employment will be terminated because of this gap period. Does this make sense? What if I do this: I leave for vacation in September and get my H1B visa stamp somewhere abroad in September, but come back to the US on October 1st or 2nd. I assume this won't have any consequence on my employment or visa status? Thanks so much for your help. Link to comment
JoeF Posted July 20, 2017 Report Share Posted July 20, 2017 If you enter with the H1 stamp before Oct. 1, i.e., in the 10-day range before Oct. 1, you can only work from Oct. 1 on. You are in H1 status, in the H1 grace period, and the work authorization starts on Oct. 1. You are not on F1 if you enter on H1, and therefore the OPT would be gone. Link to comment
TaeJ Posted July 20, 2017 Author Report Share Posted July 20, 2017 1 hour ago, JoeF said: If you enter with the H1 stamp before Oct. 1, i.e., in the 10-day range before Oct. 1, you can only work from Oct. 1 on. You are in H1 status, in the H1 grace period, and the work authorization starts on Oct. 1. You are not on F1 if you enter on H1, and therefore the OPT would be gone. Understood. One last question then, does the change of status still take place even when I am traveling abroad (meaning not present in the US)? If so, I think I can just leave in September and come back in October with my H1 stamp. Thanks! Link to comment
pontevecchio Posted July 20, 2017 Report Share Posted July 20, 2017 Before October,1 and up to 10 days before you can enter in H1 status and not work in F1 status and start work on October,1 in H1 status. If the employer is the same please discuss the matter with HR and all will be well. You can come back any time after October 1 with a H1 visa and start work. Link to comment
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