URGENT: is f1/opt still valid if....

[rocio]

Hello, i want to know, if my f1/opt (i have a not expired yet I20 and passport) is still valid to travel and re entry USA, if my company alredy filed for my H1b, but is still in "initial review" and chances are that will not be a decision (approved/denied) before i try to re entry this country... thanks. .

[shervin143]

If the H1B is filed as a COS from F1, then it is never advisable to travel when the petition is pending with USCIS. The COS might get denied. If the COS gets approved then you will end up with two I-94s (one that will come with the approval notice and the one that you will receive at the POE upon your return) and need to determine whether you are in F1 or H1B status. You will have to apply the last action rule which will complicate things.

[rocio]

Thanks shervin143. What if i come back while my H1b is still in "initial review" ? we did not filed on premium procesing, and will be just 2 months until february.

[shervin143]

It doesn't matter when you will return back. You will face one or the other issue that I have mentioned in my previous reply. If you had to leave, then return back only after when the H1B petition gets approved after getting the H1B visa stamped.

Thanks shervin143. What if i come back while my H1b is still in "initial review" ? we did not filed on premium procesing, and will be just 2 months until february.