Travel back to home country during F1OPT-H1B transition

[retriver]

Here's my situation:I'm currently working in US by using OPT extension and my OPT extension is valid until 05/01/2014. My company will apply H1B for me on 04/01/2013 by premium process. Let's say my H1B will be approved by this summer.

1. I would like to leave US to my home country (China) this September (09/02/2013) and come back to US on 09/22/2013. Do I need to apply H1B visa stamp or F1 visa stamp in September when I'm in China?

2. If I apply H1B visa stamp in China, will there be any issue I should take into consideration?

3. If I apply H1B visa stamp in China, what is the earliest date I could come back into US?

4. Some of my Indian friends told me I may need to wait in US after 10/01/2013 (H1B effective date), then leave US. Some of them said I could leave US any time after my H1B approved, and come back to US by using H1B visa stamp after 09/20/2013. Which one is correct?

Thanks in advance for your ideas!

[kabkaba]

Here's my situation:I'm currently working in US by using OPT extension and my OPT extension is valid until 05/01/2014. My company will apply H1B for me on 04/01/2013 by premium process. Let's say my H1B will be approved by this summer.

1. I would like to leave US to my home country (China) this September (09/02/2013) and come back to US on 09/22/2013. Do I need to apply H1B visa stamp or F1 visa stamp in September when I'm in China? -- You will need a valid F1 or H1B Visa. The change of status that is approved earlier remains valid even after your travel. But if your return date is after Oct 1, you should travel with H1 Visa.

2. If I apply H1B visa stamp in China, will there be any issue I should take into consideration? -- Nothing specific.

3. If I apply H1B visa stamp in China, what is the earliest date I could come back into US? -- Sep 20

4. Some of my Indian friends told me I may need to wait in US after 10/01/2013 (H1B effective date), then leave US. Some of them said I could leave US any time after my H1B approved, and come back to US by using H1B visa stamp after 09/20/2013. Which one is correct? -- Second option is correct.

Thanks in advance for your ideas!

If you return to US in H1 status before Oct 1 (after Sep 20), the gap period will not be considered work authorized. So I will advise you to adjust your travel dates such that you return in H1 status after Oct 1 (it does not matter when you leave the US).

[retriver]

If you return to US in H1 status before Oct 1 (after Sep 20), the gap period will not be considered work authorized. So I will advise you to adjust your travel dates such that you return in H1 status after Oct 1 (it does not matter when you leave the US).

That means if I get my H1B visa stamp in China and return to US on 09/22/2013. I cannot work from 09/23/2013 to 10/01/2013? Thanks for the notice. This is very important to me.