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H1 transfer while on F1 OPT -- Can it be done while I travel internationally?

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  • H1 transfer while on F1 OPT -- Can it be done while I travel internationally?

    I am currently working on my F1 OPT, and H1 has been approved for my current employer. I have gotten a new job, and they are processing my H1 transfer., However, I am going to be traveling to India for my wedding during the transfer. Is it permissible to travel internationally, since I am currently on my F1, and my H1 does not kick in till the 1st of October? And will it be possible for the attorneys to process my H1 transfer from my current employer to the new employer while I am out of the country? Additionally, once I quit, what is the time frame within which the current employer will need to revoke the h1 petition, once I quit the company?


    I appreciate any and all advise which you might be able to provide.

  • #2
    I guess your H1B got approved as a COS from F1 (meaning, H1B came with a new I-94 that is valid from Oct 1st). In this case, if you leave the country, then it is advisable to travel back after getting your H1B stamped and re-entering in H1B (can enter in H1B 10 days prior to the H1B start date). H1B can be transferred, but the approval will come without a new I-94 since you are outside U.S (You need H1B visa to re-enter U.S in H1B status).

    Additionally, once I quit, what is the time frame within which the current employer will need to revoke the h1 petition, once I quit the company?
    >>> It depends on the employer. They need not revoke it at all.
    Not a legal advice. Use of this information is strictly at your own risk.

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