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What happends in case I leave US while COS (F1 to H1) is pending and return after H1

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  • What happends in case I leave US while COS (F1 to H1) is pending and return after H1

    Hai currently I am on F1 status, I applied for status change from F1 to H1. My application is selected in the lottery but it is in pending. I need to travel outside US in the month of june. What happends in case I leave the USA while COS (F1 to H1) is pending and return after H1 gets approved on my previous status (F1). Does the USCIS people know that I left the country? I think my I-94 will change at the time I re-enter the USA but by that time my H1 will be approved with the previous I-94. These USCIS people will know that I left USA when my I-94 changes. Does Erfen Hernandez letter is any way applicable to this case. Any information in this regard is highly appreciated.

  • #2
    If you really need to travel then your recourse will be to reenter after you get h1 stamped.


    • #3

      Do not travel while the h1b petition for change of status is still pending. If you do so, your change of status will be considered abandoned. Yes the USCIS will have a record of every time you leave/enter the country through the I-94.

      You can travel after you receive the COS approval.

      Consult an attorney to decide whether you should re enter on the valid F1 or get the H1 stamped. However, if you want to enter on the stamped H1, you can only do so 10 days before Oct 1 at the earliest.


      • #4
        Found this case study relavent to your question

        I am an F-1 student now and I applied for a change of status from F-1 to H-1B in April 2007, and the change of status was approved in May 2007, with a starting date of October 1, 2007. I will travel abroad in June 2007 and come back in August, 2007. Should I still apply for F-1 visa and will that affect my H-1B?

        A: You will need to apply for F-1 visa and be readmitted into the U.S. in F-1 status in August, 2007 because your H-1B is not yet in effect in August, 2007. However, your H-1B will not be affected because of your reentry with F-1 visa. Even though your reentry is a later action than the approval of H-1B, it is not the last action by USCIS that governs your status. According to the last action rule, the effective date of your H-1B controls your status. When your H-1B comes into effect on Oct 1, 2007, your status will be changed from F-1 to H-1B. If you don’t take further actions to change to another status, taking effective of H-1B is the last action of USCIS, and it will determine your status as H-1B as of Oct 1, 2007*.

        * Note: However, if when you travel, your H-1B is still pending, your H-1B petition is deemed abandoned, and the Last Action Rule doesn’t apply.


        • #5
          thank you very much for your information.


          • #6
            Please Help

            Hai in case my COS (F1 to H1) is approved then can I travel to India immediately or I need to wait until I receive I-797 or I-129.