Travel while F1 to H1B CoS is pending?


(Anonymous) #1

My H-1B CAP was received by the California Service Center on April 21, 2018. I haven’t received an RFE yet and the petition is still pending.

Do you think, a RFE can still be sent now? When do you think the case would be approved.
I am a direct employee.

Current visa status - F-1 OPT.

would you recommend traveling to India on F-1 OPT EAD card to India in the last week of January 2019?

Thank you!


(Anil Gupta) #2

Yes, RFE can be sent anytime before the approval.

I estimate your result by March end.

Travel will abandon H1B COS application

Assuming you have opted for ‘change of status’ with H1B application, the COS option will be abandoned as soon as you leave US.

This means that if your H1B is alorappr later, you will have to go out of US again to get H1B stamping and re-enter USA.


(Anonymous) #3

Thanks @Anil_Gupta for your prompt responses.

Yes my H-1B was applied under COS. If I do travel on my EAD card this month, once my H-1B is approved, do I have to leave the country immediately for consular stamping?


(Anil Gupta) #4

If you enter US F1 status, then yes, to start using H1B (after its approved), you will have to go out, get the H1B visa stamp and re-enter using H1B visa to start working using your H1B.

Since COS will be abandoned, your status from F1 to H1B will NOT change automatically.