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Travelling while in H-1b consular notification petition is pending

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  • Travelling while in H-1b consular notification petition is pending

    So my company is filing H-1b for me on Consular notification petition in April 2017, the result will be out in October 2017.

    My question is can I travel out of USA Between May 2017 to July 2017?

    On what Visa status will I be on between April 2017 - October 2017?

    Any input will be highly appreciated

  • #2
    Originally posted by swasti View Post
    So my company is filing H-1b for me on Consular notification petition in April 2017, the result will be out in October 2017.

    My question is can I travel out of USA Between May 2017 to July 2017?

    On what Visa status will I be on between April 2017 - October 2017?

    Any input will be highly appreciated
    If in US, what is your current visa status?

    Comment


    • #3
      Originally posted by raghvi View Post
      If in US, what is your current visa status?
      Currently I am on F-1 status, doing my masters. Will graduate in December 2017
      Last edited by swasti; 04-03-2017, 02:59 PM.

      Comment


      • #4
        Originally posted by swasti View Post
        Currently I am on F-1 status, doing my masters. Will graduate in December 2017
        While outside US one does not have the "status". In US one has the status as per the entry records unless a COS to another status was approved while being in US. So if you return back on F1 visa, your status will be F1.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          While outside US one does not have the "status". In US one has the status as per the entry records unless a COS to another status was approved while being in US. So if you return back on F1 visa, your status will be F1.

          This is my opinion not legal advice.
          So I am currently in USA on F1 visa status, but my company is filing H-1b petition for me under consular notification, then in this case what will be my visa status between April 2017 to October 2017? Change of status, consular notification(if that even exists) or F1 visa?

          Very important for me to know, if i plan to travel

          Thanks!

          Comment


          • #6
            Originally posted by swasti View Post
            So I am currently in USA on F1 visa status, but my company is filing H-1b petition for me under consular notification, then in this case what will be my visa status between April 2017 to October 2017? Change of status, consular notification(if that even exists) or F1 visa?

            Very important for me to know, if i plan to travel

            Thanks!
            While in US you will continue to remain in F1 status(the visa you used to enter US), till F1 is valid, and explicit approval for a COS to H1 is not granted (or you travel out of US and get yourself H1 stamped and return on H1 visa).

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              While in US you will continue to remain in F1 status(the visa you used to enter US), till F1 is valid, and explicit approval for a COS to H1 is not granted (or you travel out of US and get yourself H1 stamped and return on H1 visa).

              This is my opinion not legal advice.
              Got it. Thanks!

              Comment

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