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H1B stamping while travelling on F-1 OPT STEM extension

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Hello,



I have a unique question that I have not found the answer to.



I am currently on F-1 OPT STEM extension expiring on Dec 2015. My F-1 visa is valid until Jul 2016. My company is applying for H1B visa for FY 2016 and I hope to get approval notice under premium processing this July 2015.



I know that I can travel outside USA on my F-1 before Oct 1st and return on F-1 status as shown by the Efren Hernandez memo (http://www.murthy.co...ure-start-date/) and still my COS should take effect on Oct 1st without any problem.



I also know that I can get H1B stamping done 90 days before Oct 1st.



Now does this mean that I can get H1B stamping done after July 4th 2015 and still enter the US (before Oct 1st) on F-1 OPT STEM extension and still have the COS take effect on Oct 1st without any problem? In other words, when I get H1B stamping done after July 4th 2015, will they cancel my F-1 visa?




I hope my question is clear.




Thank you.


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I thought there was issues when on OPT leaving the country.

Anyway you can only enter using one visa.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yes, I know that I can enter using only one visa. I will be entering using my F-1 visa while I have my H1B stamped on my passport. The H1B will not be valid for entry as it will not be effective yet. Will there be an issue in using my F1 visa to enter the US, after my H1B stamping but before my H1b becomes active on Oct 1st?

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Not for that reason, the thing I would check is being able to enter on a F1 when you are on OPT.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just entering with valid F-1 visa and OPT should not be a problem as I have had many friends do that as long as they present documentation to show that they are working for a company on OPT work authorization (paystubs, letter form company on company letterhead etc.) So I am almost clear on that.

Entering (well before Oct 1st) on valid F-1 with OPT right after having H1B stamped on my passport is the grey area I suppose.

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