F1 to H1 transfer question

[NenuEvaru]

Oka question bhayas - 

Currently my friend is on F1, and he holds OPT EAD until end of 2020. He is going to file a H1-B visa this April. 

And now, he needs to travel to India from May 1st week - May ending for his brothers wedding. Question is, in case if the H1-B is approved while he is India, does the Sevis change from F1 to H1B right away ? Does he needs to go for H1B visa stamping before coming back here ? Also, does he have to wait until October, if H1B is approved ?

Share some light. 

[WigsandThighs]

Ask your friend to post the same question mentioning your name and someone will respond..no more friends and friends friends brothers stories at db

[chicchara]

Travel is not suggested during H1 in process situation .

they are taking atleast 1 month to decide if lottery is picked.

if you get picked in lottery you get CAP GAP i20 until sept 2020... then you can travel on it. 

if you dont get picked...no worries..you can travel freely. 

if you are in travel then your h1b get picked and approved within May end...then you need to go stamping

[NenuEvaru]

5 minutes ago, chicchara said:

Travel is not suggested during H1 in process situation .

they are taking atleast 1 month to decide if lottery is picked.

if you get picked in lottery you get CAP GAP i20 until sept 2020... then you can travel on it. 

if you dont get picked...no worries..you can travel freely. 

if you are in travel then your h1b get picked and approved within May end...then you need to go stamping

thanks for the info!!

[proudtobeandhrite]

26 minutes ago, NenuEvaru said:

Oka question bhayas - 

Currently my friend is on F1, and he holds OPT EAD until end of 2020. He is going to file a H1-B visa this April. 

And now, he needs to travel to India from May 1st week - May ending for his brothers wedding. Question is, in case if the H1-B is approved while he is India, does the Sevis change from F1 to H1B right away ? Does he needs to go for H1B visa stamping before coming back here ? Also, does he have to wait until October, if H1B is approved ?

Share some light. 

Your friend can visit India and come back by end of May.  Even if the H1b got picked and approved, his H1b status doesnt doesnt kick in until October.  He may need to go for stamping, if he is travelling during July, Aug and Sep. As he is not visiting during that time period, he should be ok.

 

[NenuEvaru]

17 minutes ago, proudtobeandhrite said:

Your friend can visit India and come back by end of May.  Even if the H1b got picked and approved, his H1b status doesnt doesnt kick in until October.  He may need to go for stamping, if he is travelling during July, Aug and Sep. As he is not visiting during that time period, he should be ok.

 

Thanks Bhaya!! - Any specific reason, why we need to go for stamping between July-Sept if he has F1 stamping & OPT valid until end of the year, if the H1B does not kick until Oct ? 

[proudtobeandhrite]

1 hour ago, NenuEvaru said:

Thanks Bhaya!! - Any specific reason, why we need to go for stamping between July-Sept if he has F1 stamping & OPT valid until end of the year, if the H1B does not kick until Oct ? 

Case 1: If h1b approved, he needs to go get his visa stamped... October lo H1B kick in avuthundi kaabatti, oka 60 to 90 days mundu vaste, they might ask why didnt he go for visa interview, at POE

Case 2: If he is on OPT extension, and if his visa is expiring, again they would ask at POE about why is it important to come back just for 3 months. At this point, you have to show that your visa is extended or show other kind of visa that will be valid after current visa expired. In your friends case, he can show his H1B approval, if approved. 

 

General Logic: Most countries wouldn't stamp if a passport has validity less than 90 days. Similarly they will question if you are entering a country with a visa less than 90 days validity (Excluding visitor and business travel visas). Basic ga they might think you might stay there illegally after the visa validity. In order to prove it, you have to show your extended visa or new visa which would allow you to stay longer.