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F1 to H1B traveling on OPT without COS

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  • F1 to H1B traveling on OPT without COS

    I am currently on F1 valid until 2016. I'm graduating soon and my employer wanted to file for H1B in April. Since I intend to travel outside US, I wanted to check if that would cause any concern or issue to re-enter. I will have my OPT/EAD before I travel outside of US.

    I was suggested to file for H1-B without requesting Change of Status. Then, I need to go outside of US after October 1st to get a H1 stamping. Is this fine?

    Is not requesting for Change of Status a concern to get stamping later or even re-entering US on F1/OPT after graduating since my new I-20 for OPT has a graduation date?

    What about I-94 number change? Will stamping H1 on later date cause any issue because of this?

  • #2
    Originally posted by Sandeep R View Post
    I am currently on F1 valid until 2016. I'm graduating soon and my employer wanted to file for H1B in April. Since I intend to travel outside US, I wanted to check if that would cause any concern or issue to re-enter. I will have my OPT/EAD before I travel outside of US.

    I was suggested to file for H1-B without requesting Change of Status. Then, I need to go outside of US after October 1st to get a H1 stamping. Is this fine? -- Yes, that is fine.

    Is not requesting for Change of Status a concern to get stamping later or even re-entering US on F1/OPT after graduating since my new I-20 for OPT has a graduation date?
    -- No that should not be a problem.

    What about I-94 number change? Will stamping H1 on later date cause any issue because of this? -- No problem.
    You must however change status to H1 before your OPT expires.
    This is my opinion and not legal advice.

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