Travel India? F1 opt stem valid till sep 2018, H1b picked in lottery status pending.

[web.naresh]

F1 opt stem valid till sep 2018, H1b picked in lottery status pending. Can I travel now and return on F1 visa?

Reason: brothers marriage, planned May 10th 2017 to May 30th 2017
what questions I might expect while on my return at POE will they ask about h1b "pending status" or "approved" as it effective from Oct 1st.

[sriram55]

Alert U will be i trouble

F1 opt stem valid till sep 2018, H1b picked in lottery status pending. Can I travel now and return on F1 visa?

Reason: brothers marriage, planned May 10th 2017 to May 30th 2017
what questions I might expect while on my return at POE will they ask about h1b "pending status" or "approved" as it effective from Oct 1st.

As far i know if you go out of country while H1b is pending for approval and picked up in lottery it will be rejected automatically so dont get in to trouble and dont miss the H1B get legal advice or ask consultancy through which you aplied H1 B for confirmation.

[scientist2016]

As far i know if you go out of country while H1b is pending for approval and picked up in lottery it will be rejected automatically so dont get in to trouble and dont miss the H1B get legal advice or ask consultancy through which you aplied H1 B for confirmation.

No this is not correct. Your H1B petition has got nothing to do with your current status i.e., whether you are on F1, or if you are not in the US currently or not. Yes you can enter the US using F1, provided you maintain your F1/OPT status. However, then you would need to file for COS (change of Status) to move from F1 to H1. Also, just because your H1B has been approved does not mean you have to use it immediately.

The only watch out is: Was your H1 filed as COS or consular process? My answer above regarding entry to the US is based on the assumption that it was filed for consular processing. If it was filed as COS, once it is approved, then automatically your status would change to H1 on the date mentioned in the petition.