Travel out of United States – OPT / CAP-GAP SCENARIOS

This is the time during which most of the F-1 visa holders who applied for H-1B would be entering into cap-gap extension period, due to the fact that their F-1 visa status and work authorization have or will be expired.  CAP-GAP is said to be the period between the time when an F-1 student’s visa status and work authorization expire in a particular year, and until September 30th of the same year, when the candidate have filed for an H-1B visa in the current fiscal year.

Check the F1-OPT Graduates Career Fair post on the CAP GAP Overview.

There are questions among most of the F-1 visa holders applied for change of status from OPT to H-1B and having travel plans prior to October 1st. I would like to address in this post different scenarios and how possibly it would affect their immigration status in the United States  if traveled out of United States.

TRAVEL OUT OF UNITED STATES ON OPT AND H-1B DECISION PENDING?

F1-OPT Graduates Career Fair Suggests not to!

When a candidate would travel during H1-B change of status decision pending, it is considered as an Abandonment. You can return back to the United States but you may need to file COS (Change Of Status) again or enter the United States after getting your H-1B stamped.

TRAVEL OUT OF UNITED STATES ON CAP-GAP?

The Answer is NO.

According to the USCIS,

A student granted a cap-gap extension who elects to travel outside the United States during the cap-gap extension period will not be able to return in F-1 status.  The student will need to apply for an H-1B visa at a consular post abroad prior to returning.  As the H-1B petition is for an October 1, 2013 start date, the student should be prepared to adjust his or her travel plans, accordingly.

You might be stopped at the Immigration and sent back if you may leave before October 1st 2013, with the scenario described.

TRAVEL OUT OF UNITED STATES ON OPT AND APPROVED H-1B ?

The Answer is You May, Under Specific Conditions!

If your H-1B is Approved and you still have your OPT unexpired with a valid EAD card, you may travel out of United States. It is important that you have to return back to the United States before your OPT gets expired. In this scenario, you may continue to work on H-1B from October 1st.

Please consult your immigration attorney if you wish to travel out of the United States and you are in the current scenario. You may want to check if CAP-GAP applied for if your OPT expires before October 1st 2013.

The above three scenarios described are the most common scenarios for those who would like to travel out of the United States prior to October 1st, while H-1B approval pending or approved. Travelling out of United States while you apply for change of status is RISKY. I would recommend you to consult an immigration attorney if you have any plans of travel. I would also suggest you to change your travel plans so you may leave after October 1st, after you enter into your H-1B Visa Period.