Travelling out of united states 90 days before filing H1


NaveenAK

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I am currently in STEM OPT Extension, it expires in Feb 2020. My employer is filing H-1B application on my behalf this April 2019. I am planning to visit India in 3rd week of February and return in 1st week of March.  I came across USCIS 90-day rule regarding POE willful misrepresentation which can lead to denial or rejection in change of status from F-1 to H-1B.

I got to know that, if I am travelling now(which is 90 days before filing H1), I must file h-1 B in counselor process. Is this true?

Will it be a problem during Change of status after my H1 gets approved? Are there any other issues, that I have to face if I travel out of the United states before 90-day period of filing my H-1 B?

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