If you plan to travel while on F1 OPT during your change of status to H1B, you must consider some important points regarding your travel on OPT after H1B approval or while pending H1B petition.
While securing the H-1B petition is a significant step, for those currently in the US under F-1 OPT status, travel before October 1st requires an additional element: H-1B Change of Status Approval.
Travel on OPT after H1B Approved
You can travel on F1 OPT if you meet the following conditions:
Without a valid job offer, you may not be readmitted and need to secure an H-1B visa to return. You can apply for H-1B visa at the US Consulate up to 90 days before your H-1B petition start date. If your start date is October 1, you can apply for your H-1B visa as early as July 3. Visit the Foreign Affairs Manual to learn more. Contact information for U.S. embassies and consulates is available at https://www.usembassy.gov/.
If your H-1B change of status is approved before you depart the United States, the change of status takes effect on October 1 as long as you return to the United States before that day.
Important Note: Any days spent outside the US during your OPT period counts towards the regulatory limit on unemployment, unless your OPT employer grants you authorized leave or travel is an integral part of your OPT employment.
An F1 OPT student cannot accumulate more than 90 days of unemployment during the initial OPT and no more than 60 days during a 24-month OPT extension based on a STEM degree. Across both the initial OPT and STEM extension (if applicable), the maximum cumulative unemployment allowed is 150 days.
Required Documents for F-1 Re-entry:
Traveling on F1 OPT with Pending H-1B
It is important to avoid international travel if your H-1B change of status application is still pending with USCIS. Doing so can lead to the abandonment of your petition and potential complications upon returning to the US.
USCIS may still approve the H-1B petition itself, but you would not automatically change from F-1 to H-1B status on October 1. Instead, you would have to apply for an H-1B visa at a U.S. consulate or have your employer submit a new petition to change status to H-1B after your return.
However, if your H-1B petition filed with USCIS requested consular processing instead of a change of status, you can travel internationally without jeopardizing your petition’s approval. In other words, you can only travel if your H1B petition was filed for consular processing.
Premium Processing for Urgent Travel Needs
If you have urgent need to travel while your H-1B change of status application is pending with USCIS, you should consider upgrading your application to premium processing. By filing Form I-907 with USCIS, you can request expedited adjudication of your H-1B change of status petition. With premium processing, USCIS will adjudicate your H-1B change of status petition within 15 business days for an additional fee.
Travel on OPT before applying for H1B
In general, as an F-1 student on post-completion OPT or STEM OPT, you can travel outside the United States before applying for H1B and be readmitted to resume F-1 status and employment for the remainder of the period authorized on your EAD card.
If your approved period of OPT has started and you travel outside of the United States while unemployed, then time spent outside the United States counts as unemployment against the 90/150-day limits.
If you travel while employed either during a period of leave authorized by your OPT employer or as part of your OPT employment, the time spent outside the United States will not count as unemployment.
To re-enter, it is important to have a letter from your current OPT employer verifying your continued employment. This letter can confirm paid employment (full-time or part-time), internships (paid or unpaid), or even volunteer work. Without such documentation, a CBP officer may have limited information to assess your eligibility for re-entry and could use their discretion to delay or deny your admission.
Malescu Law can assist
For comprehensive guidance on your specific situation and travel options, you should consult with an experienced immigration attorney.
Our experienced H1B visa lawyers can help you navigate the complexities of both travel during F1 OPT to H1B change of status and the H-1B change of status process.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
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