Q: Can I travel to my home country in F1 visa and come back as F1 while I have an approved H1 petition?

A: If you are still a full-time student, you can return on an F-1 visa. However, depending on when your H-1B employment is supposed to begin, this may create confusion at the port of entry. Speak with the attorney who submitted the H-1B petition on your behalf.

A: If you have a company immigration attorney, these questions should be directed to your immigration attorney. Your questions should be directed to your company's immigration attorney, since the attorney is the person most familiar your case. But remember this attorney is the company attorney, not yours. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Do not let geographic restrictions prevent you from obtaining the best possible attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. Good luck.

A: There could be, yes. It will depend on what you will be doing when you return. If you are coming back to resume your studies, then the F-1 should, barring any other circumstances, let you in. If you are coming to work, then the F1 won’t let you in, and you’ll need to apply for a visa and go to an interview before you return.