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F1 to H1 transition

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  • F1 to H1 transition

    Hello,

    I am presently working on F1-OPT with my employer. My employer will file H1 petition on March 31,2012. I assume that when my H1 gets approved (mostly it will be through premium processing) it will be valid from October 1, 2012.

    I plan to travel to India from June 2012 till July 2012. I am pretty sure that my H1B will be approved before that. However, my question is,

    When my H1 gets approved, do I loose my F1 OPT status? Because, I need my F1 status to return to US in July 2012. Because, even though my H1 will be approved, It will be valid only from October 2012. Or Can I use my approved H1 to return to US in July 2012?

    Nikhil

  • #2
    Not recommended.
    Your change of status to H1 may get voided when you travel and return in F1 status with a new I-94. There are conflicting views on that and it is best not to create status confusions.
    Set your return date to be on or after Oct 1 and get your H1 Visa from a US Consulate/Embassy while you are abroad or travel before Apr 1 and use the latest I-94 in filing H1 petition.
    This is my opinion and not legal advice.

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