F1 To H1

[minneapolis]

I am a student F1 status, i am applying h1 maybe may 1st week. Can i Travel to India while after H1 approval (may be july 20th) and before H1 start date (October 1) or else after H1 approval, i should have to go india for h1 stamping?. Please anyone help me reg this issue.

[palakabalapam_]

LTT

[2pac]

Endhi baa Srilanka terrorists gurunchi cheputunnatu undhi,...Full form please?

[learnj2ee]

My frnd went to india and came back b4 H1 got approved. No issues till date.He got stamping when he went to India next time.

[mustang302]

If u want to travel outside US before ur H1 got approval,Dats not a problem at all.
If Once H1 got approval and if u want to go Outside US,U have to enter back again after stamping only.
[img]http://www.bewarsetalk.net/discus/movieanimated7/kb.kaadu.gif[/img][img]http://www.bewarsetalk.net/discus/movieanimated7/kb.kaadu.gif[/img]

[krishnaym]

There are two options
--->if you go to india you need to go for H1 stamping and enter USA on H1.
---->if you enter US on your F1 without going to H1 stamping then after entering your H1 will not be valid as your I-94 changes..
so if you go to india you should go for H1 stamping..

[harry1]

may be he will come on f1 to us, then it will automatically change his status f1 to h1.

[minneapolis]

My employer told me that i can Travel to India while after H1 approval (may be july 20th) and before H1 start date (October 1). I can enter f1 visa in to us then my status h1 start date October 1, i no need to go to India for h1 stamping. is my employer statement correct?

[rajumaharaju]

once u got h1 approved you f1 status is no longer valid. u need to go for stamping. u employer gave u a wrong suggestion

[krishnaym]

that wrong info given by your emp....the h1 that you are going to get is linked with your current I-94 so you should stay here until your h1 starts or go out of country and get stamped for H1,if you try to enter US on F1 then your I-94 changes ..
This is the info given by my attorney

[normalman]

Your employer is wrong. Your i94 changes and even if it is approved and if you wont come with h1 stamping , again the approved h1b will be denied autimaticlly. because your employer applies H1b as changes of status from oct 1. It happend to my fried.

[harry1]

may be u can go and come with out stamping.

[minneapolis]

murthy forms lo i read same query and different answer.

murthy forms lo Answer:

Yes, you can travel after approval, even before approval. Your COS is scheduled on Oct 1st. You need to present in USA for successful COS.
Most of the immigration gurus suggest avoiding travel during this time, but there is no rule or guideline supporting this from USCIS.

[minneapolis]

I got link from Murthy Law

http://www.murthy.com/news/n_cosapp.html

[minneapolis]

Go to this link: [url="http://www.murthy.com/news/n_cosapp.html"]http://www.murthy.co...s/n_cosapp.html[/url]

This explains everything and supports what I said.

--> once u got h1 approved you f1 status is no longer valid. u need to go for stamping.

=> H1b approval only doesn’t change your status. Its status what matters. H1b status is scheduled to kick off from Oct 1st. This is COS from F1 to H1b. So in fact, you need to maintain your F1 status on Sep 30[sup]th[/sup] to occur this COS successfully. Assume you are not in USA on Sep 30, or in different status than F1 this COS won't occur, and you will carry on previous status. Make sure you come back from India on/ before Sep 30 for successful COS.


--> The h1 that you are going to get is linked with your current I-94 so you should stay here until your h1 starts or go out of country and get stamped for H1,if you try to enter US on F1 then your I-94 changes .This is the info given by my attorney.


=> Your attorney is wrong. Read carefully the link. USCIS has cleared everything.


--> Your i94 changes and even if it is approved and if you wont come with h1 stamping , again the approved h1b will be denied autimaticlly. because your employer applies H1b as changes of status from oct 1. It happend to my fried.

=> This is again wrong. In case you get stamping, say on Sept 21, and enter in USA Sept 22 on H1b using h1b visa and supporting I797, there the COS on Oct 1st will be voided as you are not in F1 status and can carry on your H1b status.
Above all, this happened with me. I had travelled in June on F1 and my H1b started automatically from Oct 1st.