17 month OPT extension/Cap Gap Period to H1B Travel Question

[qornn]

My current OPT card expired on 5/31/2013.  My company applied for my H1-B on 4/1/2013, and it has been approved (5/6/2013) to take place on 10/1/2013.  At the same time, I applied for the 17-month OPT extension on 4/23/2013 just in case my H1-B did not get approved.  Thankfully, the OPT extension has been approved (7/1/2013) and will expire on 10/31/2014.

 

My question is whether or not I can travel outside the country before October 1st.  I know during the cap-gap period, I am not permitted to travel.  However, since I have my new EAD card in my possession, will I be to travel outside and come back using my I-20, F-1 visa (still good until 2015), and the new EAD card?

 

Thanks in advance.

[livliv]

You can travel and return based on your F1 Visa. If you return before Oct 1, your change of status will remain valid. F1 status and OPT will end on Oct 1 in that case.

If you return after Oct 1 (after leaving before Sep 30) change of status will be voided and your F1 status and OPT will remain valid until OPT expires. You will remain cap-counted and the H1 petition itself will not be voided.

[qornn]

Does anyone know if I should tear off the I-94 from I-797A form if I leave and come back in August?  If not, then my new I-94 will be different from the one in I-797A.  Does anyone know what the procedure is for this?

[livliv]

That's fine. Keep the H1 approval notice intact. Don't submit that I-94.