Haranlaw
Haranlaw
13295 Illinois street,
Suite 128 & 129
Carmel, IN 46032
United States
ph: (317) 660-6174
fax: (765) 864-1802
alt: (765) 854-1004
lharan
Plan to travel after graduation / Optional Practical Training or filing application for Change Of Status (COS)? Your return to the U.S. could be delayed. Travel out of U.S with a pending COS application amounts to abandonment of the application. Ask yourself, if you could wait outside to consular process your H-1B or another visa.
USCIS' policy is to allow travel before taking up employment as H-1B. However, because of SEVIS, border inspection issues and uncertainty about the gap in time between the end of F-1 and start of H-1B status; travel out of United States is risky before approval of your H-1B or other Change of Status.
It would be different if the foreign national holding a valid visa to re-enter for the purposes consistent with that visa. E.g.: an F-1 holder seeks to re-enter U.S. on his preexisting F-1 visa and continues the education program. F1 could change status later on to H1B.
A valid visa is always required before entering into U.S. Consular posts and CBP officers at the Port of Entry would be more closely scrutinizing requirements. Learn how to avoid the risks before you travel.
Returning to join work for optional practical training (OPT) after traveling abroad upon completion of the academic course or program or prior to the H-1B start date could be problematic. You could have a problem reentering even with an approved change of status notice until the effective date of H-1B.
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Disclaimer: The information contained herein is of general interest only and is not a legal advice from me to you. The reader is advised to seek an independent legal advice on relevant matters of interest. Unless you have a written agreement with me for a fee you do not have a contractual relationship with me. The content posted herein may not be updated timely and carries no assurance of accuracy.
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Haranlaw
13295 Illinois street,
Suite 128 & 129
Carmel, IN 46032
United States
ph: (317) 660-6174
fax: (765) 864-1802
alt: (765) 854-1004
lharan