Rakee Posted April 25, 2016 Report Share Posted April 25, 2016 Hello Experts, My friend is on F1 OPT and his H1B petition is picked in the lottery and it is under regular processing now. He is ready to upgrade it to premium but he has to go for his wedding in August to India. He is working currently on OPT. His concern is while coming back to USA in August he should come on H1b or F1 visa? because his H1B will not be active until Oct 1 and if he comes back on F1 then will that impact his H1b? Does he need to go for H1B stamping in India before coming? Please advise us to know the best way to get through this situation. Thank you Link to comment
pontevecchio Posted April 26, 2016 Report Share Posted April 26, 2016 If his H1 petition with COS from F1, effective October.1, is approved before travel he can return in F1 opt status and the H1 will kick in from October,1. If he leaves before approval he will need to get a H1 visa at the appropriate time. Link to comment
rahul412 Posted April 26, 2016 Report Share Posted April 26, 2016 If he enters on F1 then he needs H1 visa in order to work on H1 from Oct 1st. Link to comment
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