If you are an F-1 student with OPT employment eligibility and your H-1B filing has been accepted by USCIS, visa petitions will be adjudicated over the next few months, and approved petitions will have an October 1, 2014 start date. Whether you can travel and return to work before October 1 depends on your specific situation.
We list our recommendations for these common scenarios in our recently published advisory, “Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization.”
- My OPT employment card has not expired and my H-1B petition has been accepted, but not yet approved.
- My OPT employment card has not expired and my H-1B has been approved.
- My OPT employment card has expired.
- I need to depart the US and will not return until October 1 or later and will apply for the H-1B visa
- My H-1B petition was denied by USCIS