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Stay on F1 - OPT despite change of status to H1b.
Here is my case :
I did my MS in US in a STEM field. I am currently on STEM - OPT ( the 17 month extension period). During this time my employer ( contracting agency ) filed for my H1b, Change of status, and it got selected in the lottery. The contract at the client I was working for got terminated recently.
Now, I have got an Approval Notice for the I129 on Sep 21, stating that it is valid from 1st October.
I know, that once I leave US I should get an H1b visa in order to return back. But, I wish to continue on F1 - OPT because of the restrictions on H1b.
As my STEM OPT is still valid till Dec 2016 , can I travel and return back on my F1. The big question here is, is my F1 already invalid the moment the change of status petition for H1b is approved ?
Thanks
Uday
I did my MS in US in a STEM field. I am currently on STEM - OPT ( the 17 month extension period). During this time my employer ( contracting agency ) filed for my H1b, Change of status, and it got selected in the lottery. The contract at the client I was working for got terminated recently.
Now, I have got an Approval Notice for the I129 on Sep 21, stating that it is valid from 1st October.
I know, that once I leave US I should get an H1b visa in order to return back. But, I wish to continue on F1 - OPT because of the restrictions on H1b.
As my STEM OPT is still valid till Dec 2016 , can I travel and return back on my F1. The big question here is, is my F1 already invalid the moment the change of status petition for H1b is approved ?
Thanks
Uday
