Going back to India once H1 is approved

[abhishek1196]

Hi,

I am currently on F1 visa, working as an IT consultant on CPT. My employed is going to file for my H1 in April. I was wondering if I will be able to go back to India once I get my H1 approval and then come back on F1 without the need to get the stamping done.

I am planning to go in August and come back in the first week of September. Suppose I get my H1 approval by end of July, do I need to have H1 stamped on my passport when I enter the States in September or I can still use my F1 visa for entry purpose since I have to maintain my student status till October 1st?

Thanks,
Abhishek

[shervin143]

It is never advisable to do that. You are not suppose to leave the country when a COS is pending with USCIS. The COS might get denied. If you leave after the H1B approval, then as per regulation you are suppose to return all the I-94s including the one that comes with the H1B approval. If you return back in F1, then you will not have an I-94 associated to H1B. And you will never know whether the change of status really happened on Oct 1st or not since you left the country in between. You will end up in a big time status confusion. If you have to leave, then better get the H1B visa stamped and return back when the H1B petition becomes effective. Or alternatively, go for the vacation, return back in F1 and then file the COS from F1 to H1B.