Travel on OPT, H1B Approved

[SusieQQQ 11,585]

21 minutes ago, Muhammad Patel said:

 

Thank you so much for the information and your advice! This is basically what I got out my lawyers.

 

Could another response not be something along the lines of:

"So you could have immigrant intent" (denies entry)?

 

Since H1B is dual intent, could I not end up having to convince them that I am using H1B for its nonimmigrant side? It seems like it's a bit of a grey area and I agree that I would rather avoid the risk of CBP...

 

Do you know what would happen if I was denied entry under my F1? Would I have to change my H1B petition to consular processing, go through the interview process, get an H1B stamp, and then return on H1B or is there an easier way? 

For H1B specifically, you don’t have to prove non immigrant intent (explicitly stated in the DoS manual) . Although you are not going in on H1 status, they are not supposed to question your intent on H1 anyway, so I don’t see how they could whether present or future.
 

Yes, if denied on entry on F1 you’d need to get a H1B visa to enter on that status, COS only applies within the US.  So if you feel the risk of denial on F status is too high, then you would want to postpone travel. However… that’s still going to mean you’re going to need to get a H1B visa in your passport for your return, even if you leave after your status has switched to H1B. 
 

My understanding is that the COS in the US would be “honored” by the consulate and you’d get the visa stamp, i don’t think it’s the same as going through the entire process again, but I’m not 100% sure on this. And again, whatever the process is, it would apply if you need a H1B visa at whatever point, 

Edited June 12, 2022 by SusieQQQ

[Muhammad Patel 0]

 

2 hours ago, SusieQQQ said:

For H1B specifically, you don’t have to prove non immigrant intent (explicitly stated in the DoS manual) . Although you are not going in on H1 status, they are not supposed to question your intent on H1 anyway, so I don’t see how they could whether present or future.

 

This is quite interesting, I had no idea about it so thank you for bringing it up, really appreciate it.

 

Postponing until after H1B is activated isn't an option unfortunately in the sense that I either go and come back before I start work in the next month or not go until next year at the earliest...

 

I could still be wrong but it seems like there is not a guarantee that I would be allowed entry under my F status which makes a difficult situation

 

 

 

[SusieQQQ 11,585]

23 minutes ago, Muhammad Patel said:

 

 

This is quite interesting, I had no idea about it so thank you for bringing it up, really appreciate it.

 

Postponing until after H1B is activated isn't an option unfortunately in the sense that I either go and come back before I start work in the next month or not go until next year at the earliest...

 

I could still be wrong but it seems like there is not a guarantee that I would be allowed entry under my F status which makes a difficult situation

 

 

 

Entry is never guaranteed unless you’re a citizen. 
 

Going next year still requires you to get a visa to return. Suggest you check appointment times well in advance so you don’t get stuck unable to come back for longer than expected, whenever you do travel.

 

 

Edited June 12, 2022 by SusieQQQ

[Coco8 1,039]

I wouldn't travel. When you come back with OPT you get a lot of questions because you are in a weird position (not a student but not a work permit). You are entirely at the disposal of the CBP agent. I've had friends that had problems and you are also at the end of your OPT with an H1B approved.

 

Either check if you can get your visa stamp and enter 10 days before October 1 (the day of your first day on H1B), or postpone the trip. FYI some countries have long delays for appointment while others don't.