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  • Travelling on OPT

    Hi,

    I am currently on OPT but have an H1 approval. I wish to know if I can travel abroad before the visa stamping and return to the US on my OPT.

    Thanks,
    Bala

  • #2
    You probably can but then to get work on H1 either you will have to wait for the approval of COs or depart US and reenter using your H1.


    People often fail to understand the difference between visa stamp and status.

    Stamp is what you get at the consulate and determines what status you are allowed to enter with in United states. the dates on the stamp determine the period within which you are allowed entry. The stamp does not confer status on you. Thus you can have several different stamps, H1, B1/2 H4 L1 L2 all valid at the same time.

    When you are at the POE the status is conferred based oh the intent of entry the stamp and supporting documents. Then the status is stamped/written/printed on the I-94 along with till when it is current. That is what matters from that point till you exit the country or change/extend status.

    In your case you will get F1/opt stamp on your I-94 and cannot switch to H1 just becuase you have approved H1. You will need an I-94 that says what you status is. and the I-94 that has was issued last determines that.

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