221g on H1b. Travel back on valid F1 stamping?

[ceprateek]

Hi ,

I have following situation and need advice on the same:

1. I am on F1B and got lucky in H1b lottery and got approved i797b (for H1b visa) from Oct 01, 2018 to March 31, 2019 but COS did not happen as I did not travel because of personal reasons and employer did not file for COS.

2. i797B is expiring on March 31 2019

3. My STEM OPT is expiring on May 08, 2019

4. My employer suggested to get H1b stamping done and travel back to US to get the COS to H1b done and then would file extension once I am back.

5. Went for stamping on March 06, 2019 but VOE gave a 221g.

Questions:

1. Can I travel back to US on my valid F1b stamp and OPT, as I have EAD card valid upto May 08, 2019 and a non-expired F1b stamp on passport?

2. Should I get H4 on my husband's H1b and then travel back to US ?

 

I really appreciate your help and feedback. 

[immijam]

9 hours ago, ceprateek said:

Hi ,

I have following situation and need advice on the same:

1. I am on F1B and got lucky in H1b lottery and got approved i797b (for H1b visa) from Oct 01, 2018 to March 31, 2019 but COS did not happen as I did not travel because of personal reasons and employer did not file for COS.

2. i797B is expiring on March 31 2019

3. My STEM OPT is expiring on May 08, 2019

4. My employer suggested to get H1b stamping done and travel back to US to get the COS to H1b done and then would file extension once I am back.

5. Went for stamping on March 06, 2019 but VOE gave a 221g.

Questions:

1. Can I travel back to US on my valid F1b stamp and OPT, as I have EAD card valid upto May 08, 2019 and a non-expired F1b stamp on passport?

2. Should I get H4 on my husband's H1b and then travel back to US ?

 

I really appreciate your help and feedback. 

1. Can I travel back to US on my valid F1b stamp and OPT, as I have EAD card valid upto May 08, 2019 and a non-expired F1b stamp on passport?

Once you go for stamping, generally your prior visa are "cancelled without prejudice", intent if F1 is to be a student /training, but by applying for H1 you established that you want to work and not study. You could get lucky, but can also be flagged for fraud /misuse of F1 visa just to re-enter. 

 

2. Should I get H4 on my husband's H1b and then travel back to US ?

Safest option in my opinion, but you will be asked about pending 221g and if you are no longer interested in getting the H1 visa. What is your answer going to be? 

[shekar11#]

On 3/12/2019 at 11:57 AM, immijam said:

1. Can I travel back to US on my valid F1b stamp and OPT, as I have EAD card valid upto May 08, 2019 and a non-expired F1b stamp on passport?

Once you go for stamping, generally your prior visa are "cancelled without prejudice", intent if F1 is to be a student /training, but by applying for H1 you established that you want to work and not study. You could get lucky, but can also be flagged for fraud /misuse of F1 visa just to re-enter. 

 

2. Should I get H4 on my husband's H1b and then travel back to US ?

Safest option in my opinion, but you will be asked about pending 221g and if you are no longer interested in getting the H1 visa. What is your answer going to be? 

Option 2 is safe. You can withdraw your H-1 and then go for H-4 stamping.