F1 to H1

[madhav.katuri]

I am F1 status, i am applying h1 of this month. Can i Travel to India while after H1 approval (may be july 20th) and before H1 start date (October 1). Please anyone help me reg this issue.

[wiweq]

Yes, you can travel after approval, even before approval. Your COS is scheduled on Oct 1st. You need to present in USA for successful COS.

Most of the immigration gurus suggest avoiding travel during this time, but there is no rule or guideline supporting this from USCIS.

[madhav.katuri]

thank very much wiweq.

[madhav.katuri]

I got different opinions with different persons, anybody please let me know the below statements correct or not.

--> once u got h1 approved you f1 status is no longer valid. u need to go for stamping.

--> The h1 that you are going to get is linked with your current I-94 so you should stay here until your h1 starts or go out of country and get stamped for H1,if you try to enter US on F1 then your I-94 changes .This is the info given by my attorney.

--> Your i94 changes and even if it is approved and if you wont come with h1 stamping , again the approved h1b will be denied autimaticlly. because your employer applies H1b as changes of status from oct 1. It happend to my fried.

--> There are two options

a. If you go to India you need to go for H1 stamping and enter USA on H1.

b. If you enter US on your F1 without going to H1 stamping then after entering your H1 will not be valid as your I-94 changes. so if you go to India you should go for H1 stamping.

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[wiweq]

Go to this link: http://www.murthy.com/news/n_cosapp.html

This explains everything and supports what I said.

--> once u got h1 approved you f1 status is no longer valid. u need to go for stamping.

=> H1b approval only doesn’t change your status. Its status what matters. H1b status is scheduled to kick off from Oct 1st. This is COS from F1 to H1b. So in fact, you need to maintain your F1 status on Sep 30^th to occur this COS successfully. Assume you are not in USA on Sep 30, or in different status than F1 this COS won't occur, and you will carry on previous status. Make sure you come back from India on/ before Sep 30 for successful COS.

--> The h1 that you are going to get is linked with your current I-94 so you should stay here until your h1 starts or go out of country and get stamped for H1,if you try to enter US on F1 then your I-94 changes .This is the info given by my attorney.

=> Your attorney is wrong. Read carefully the link. USCIS has cleared everything.

--> Your i94 changes and even if it is approved and if you wont come with h1 stamping , again the approved h1b will be denied autimaticlly. because your employer applies H1b as changes of status from oct 1. It happend to my fried.

=> This is again wrong. In case you get stamping, say on Sept 21, and enter in USA Sept 22 on H1b using h1b visa and supporting I797, there the COS on Oct 1st will be voided as you are not in F1 status and can carry on your H1b status.

Above all, this happened with me. I had travelled in June on F1 and my H1b started automatically from Oct 1st.