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H1B got approved and on F1 Visa

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  • H1B got approved and on F1 Visa

    I am currently on F1 visa. This is my second masters in US and currently i am working on CPT. My employer filed my H1 on 1st April 2012 under premium process, and it got approved. Start date mention on it is 1st cot. i wanted to check on what status will i be till 1st oct 2012. As i am planing to go to India in summer for 3 weeks. Wanted to know more about my visa status. Can i come back on F1 or i have to go for H1B stamping before i come back. Is it safe to travel to India and come back before 1st oct 2012.

  • #2
    If your F1 I-94 is valid until end of September, then you will remain to be in CPT until the H1B becomes effective. However, if you leave the country, it is not advisable to try to return back in F1. Also, when you leave the country, you will have to return all your I-94s (including the one that came with the H1B approval notice). If you return back in F1, you will never know whether your status automatically changed to H1B as of OCT 1st or not since you leaft the country. Also, you will not have a I-94 associated to H1B. It will cause all sort of status confusions. The best option is to get the H1B stamped and return back in H1B visa. However, you will be able to return back in H1B visa only 10 days prior to the H1B effective date. So better plan your vacation correctly.
    Not a legal advice. Use of this information is strictly at your own risk.

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