Travel during COS ( from F1 to H1)

[neokronic]

Hello all - I have a specific situation and I need your help on how to handle this one. Your response is highly appreciated.

 

i am currently on F1 OPT with my OPT expiring in Dec 2014. I found an employer who has agreed to file an H1B for me this year ( on April 1 2014) but I have travel engagements. I plan to go to india mid-march and return by mid-april. My question is what happens to my H1B visa application during my travel.

 

1, Can I return to US on OPT during mid-april without any problems ?

2, Will the new I-94 that gets issued when I come back to US affect my H1B application which is in the process ?

3, will my COS automatically change on Oct 1 2014 ?

4, What are my other options ?

 

Please let me know as I have to make this decision very soon !

[jairichi]

 

Hello all - I have a specific situation and I need your help on how to handle this one. Your response is highly appreciated.

 

i am currently on F1 OPT with my OPT expiring in Dec 2014. I found an employer who has agreed to file an H1B for me this year ( on April 1 2014) but I have travel engagements. I plan to go to india mid-march and return by mid-april. My question is what happens to my H1B visa application during my travel.

 

1, Can I return to US on OPT during mid-april without any problems ?

2, Will the new I-94 that gets issued when I come back to US affect my H1B application which is in the process ?

3, will my COS automatically change on Oct 1 2014 ?

4, What are my other options ?

 

Please let me know as I have to make this decision very soon !

 

1. Yes, you can provided your did not violate any immigration law and your documents are good.

2. Your employer cannot file H1B petition as COS as you will not be present in US at the time of H1B petition filing.

3. No. Refer 2.

4. Employer has to file H1B petition as consular processing. After approval whenever you would like to move to H1B status you exit and enter US on H1B visa.