I am currently on Student Visa (F1) and my Visa expires on June 18th, but I am an active student, currently working on CPT.
I have filled for my H1b petition on April 1st 2012 and got Approved on May 15th 2012, with premium processing.
The start date for my h1b according to the petition is October 1st 2012.
I will have to travel to India in July 2012 for 2 weeks. Please advise on the following questions.
1. Can I travel to Mexico before my student visa (F1) expires, i.e. before June 18th, to get my Student Visa extended. Will this effect my currently approved H1B.
2. I am not sure if my H1b is applied with change of status, by my employer. If it is not applied with change of status, can I simply travel to India and Mexico and return back on student visa and apply for change of status once I return?
3.If question 2 is possible, what is procedure to apply for change of status, is it again treated like a new H1b application, how would it affect my currently approved H1B petition.
4. If my employer has applied for h1b with change of status then, by default would the change of status be for a later date that is Oct 1st, 2012. as that is the start date on my petition. Or is it possible that he applied for Change of status with immediate effect.
5. if question 4 is possible, i.e. the change of status with effect from October 1st 2012, then can I take advantage of the leap frog principle., i.e travel on student visa and re enter US on student visa in July, and start working on H1b from Oct 1st 2012 with out the applying for Change of status.
It is really important I travel to India, so I am trying to get the best possible solution, with jeopardizing my H1B. Looking forward for an advise.
Thanks a lot in advance.