Travel on STEM OPT while H1B pending and got an RFE

[sunil01]

Hello,

Currently, I am on F1 STEM OPT (valid till Feb 2020) and my H1b got picked in the lottery. Unfortunately, I got an RFE on my petition. I have to travel to India in November and return on December first week. Will I face any issue if my H1b gets approved in this period or will it impact my application in any way? 

 

Please advise.

Thanks,

Sunil

[pontevecchio]

Travel nullifies the COS from F1 to H1 and hence you will need to go and get a H1 visa to start if the petition is approved later.

 

[sunil01]

Thank you Pontevecchio.

Does that mean that I can't re-enter the USA with F1 visa if H1b petition decision is still pending? And what will be the case if H1b petition gets denied?

[pontevecchio]

If the H1 is rejected, you should be able to return in F1 status. If the H1 is approved after your return, you will again have to leave and return with a H1 visa. Make sure to touch base with your DSO to make sure your SEVIS is not ended by mistake.

[Provence]

You should enter the US on a visa that you intend to keep. 

The problem with many non-immigrants is they use any visa to admit into the US, and then change status to something else. Such attempts are a misuse of the visa. Enter on a F1 to study, enter on a H1 to work. Frivolous COS attempts only serve to clog up the system. 

[Harish91]

Hey Sunil,

 

Can you please let me know what you're going to do about it? I'm also on the same boat as you, i need to travel during December but my petition is still in RFE,  I'm planning to travel to INdia on OPT stem(Valid until 2020) and wait there until I get a decision, if it gets approved, will stamp and then re-enter US? Can you please let me know if that's okay based on your experiences?

 

Thanks,

 

Harish