College Station, TX asked in Immigration Law for Texas

Q: Can I travel Internationally on valid f1 OPT while H1b petition is pending?

I just graduated yesterday(May 12) and my employment starts on June 4. I have i20 with OPT recommendation and EAD with same start date as June 04. My Employer filed a H1b change of status petition on April 1 and its result is still pending. I know that with consular petition you can travel internationally but mine is change of status type petition. If I leave country on May 19 then will I be able to enter US on May 30th without any complication?

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3 Lawyer Answers

A: You should speak with the DSO at your university before traveling abroad. If you do travel abroad while your change of status to H-1B in pending, your change of status application will be deemed abandoned.

Hector E. Quiroga
PREMIUM
Answered

A: If you have a valid F-1 visa (OPT is still covered by student status), then you should be able to reenter the US after a temporary stay abroad.

Hector E. Quiroga
PREMIUM
Answered

A: If you have a valid F-1 visa. The F-1 visa covers the OPT period. The facts you have mentioned should not impact your ability to reenter the US after international travel.

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