Travel on Valid OPT till 2014 after H1 Approval

Question

Just wanted to know what happens if the USCIS has approved a person’s H1B with future start date and thereafter ,the person travels outside of USA ,re-entering in previous  F1 Status prior to the H1B Start date i.e OCT 1 2014 do we need to notify USCIS or the change of status would automatically take effect on the effective date of H1 petition/change-of-status i.e oct 1 2014

The I94 that is attached to my H1B is same as the one that i got when i entered to US in 2010 in F1 Visa, now i got a new i94 when i travelled after H1 Approval on OPT does it create any problem w

 

Answer 1

Your Latest I-94 validity is your Latest Status. So, if you travel on OPT after your H1B is approved and returning during the H1B validity period you need to have a approved H1B Visa. For Example: If as of June 26, 2014 you are on OPT (Valid untilDec 2014) and your H1B starts from Oct 1st, 2014. And you go to your home country now and would like to return any time after Oct 1st, your H1B automatically triggers and you will need a H1B visa to return into the country. If you want to enter using your OPT Validity then you will be issued I94 until your OPT Validity of Dec 2014 and your H1B will not be valid. Please consult an Attorney for more details.

Comments

What you said is wroing,please go through the below forum

 http://www.murthy.com/2005/05/06/travel-after-change-of-status-approval-with-future-start-date/