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Is it safe to travel on OPT period when Ive filed for H1-B

 

Customer Question

I am a graduate student on an F1 Visa, about to start work next month. My OPT will be active from April 1st and my company is filing for H1-B for me this year in April. I plan to travel from April 20th-30th to Europe? Is it advisable to make the trip out of country on my OPT?

 

Optional Information:
san diego, California

Submitted: 1877 days and 8 hours ago.
Category: Immigration Law
Value: $15
Status: CLOSED
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Expert:  wjbanks replied 1876 days and 18 hours ago.

Unless your F-1 visa stamp is still valid, you should not travel outside of the U.S. The OPT is an extension of F-1 status to allow you to work post-graduation, but it does not function as A visa or grant you permission to leave and re-enter the country. Only a visa stamp will do that. Thus, you should probably stay put for the time being.

Good luck with your H-1B!

P.S. - If you are Canadian, you can leave and re-enter the U.S. without a visa, so the above answer would not apply and you would be ok to travel.

 

Customer replied 1875 days and 8 hours ago.

My F1 stamp is valid. I will apply for H1-B on April 1st. Having applied for H1-b, will it conflict with my OPT on my return?

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Expert:  wjbanks replied 1875 days and 4 hours ago.

Filing for the H-1B does not conflict with your OPT or underlying F-1. The change in visa status will not be effectuated until October 1 (assuming your H-1B is approved).

Good luck!

 

 
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