What happens if out of country travel when I an F1 visa and if an H1b is filed?

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What happens if out of country travel when I an F1 visa and if an H1b is filed?

I am currently on F1 visa with graduation date of May 13th. I have a job offer at hand which starts on June 1st and the company is willing to file my H1b application this year since I finish all my course requirement in March and furnish them with a provisional degree. After completing my courses in March I want to travel back to my home country and return before my graduation date of May 13th. The confusion is with the H1b filling on 1st April under change of status. Will there be any complications?

Asked on January 18, 2016 under Immigration Law, Iowa

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The employer can file for the H-1B even if you are outside the country; however, it most likely will not be as a change of status but will require you to go for consular processing if and when the H-1B is approved.


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