NaveenAK Posted February 3, 2019 Report Share Posted February 3, 2019 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? Link to comment
pontevecchio Posted February 4, 2019 Report Share Posted February 4, 2019 Firstly You do not file. Your employer does. People in F1 status have the cap gap precisely because they are expected to file a H1 through an employer. Your fears are ungrounded. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.