Can she come back on F1

My Spouse is currently on STEM OPT EAD and her H1 was approved for 2 years until 2017. We are planning to go for stamping in starting of September 2015 and return to US on September 21st 2015. I’m also on H1B and going for stamping. I hope i won’t have any issues since I’m working full time for reputed Organization. These are the questions I’ve regarding my spouse’s US return.

  1. Can she come back on F1 ? If she returns on F1, what will happen to her stamped H1 VISA and status after October 1st ?

  2. If she has VISA stamped and returning on September 21st (10 Days before Oct1st), will she be able to work on OPT EAD until October 1st ?

  3. If her H1 stamping gets delayed or worst case rejected, what are the options for her to return to US ?

  4. Will it be good if she don’t go for stamping and return on F1 and her H1 will start normally from October 1st.

She has all the right documentation like Vendor letter(mentioned years of project length) , Client letter (Not mentioned any years of project length though).

Will be looking for your valuable suggestions.

  1. Yes, she can come back on F-1 if the stamp dates are valid. Nothing happens to a stamped H-1B.

  2. She can work for 9 days on OPT EAD or until dates marked on the EAD.

  3. If stamping challenges occur with H-1B, her F-1 visa stamp is still a legal travel and entry permit within dates indicated on the visa.

  4. If you are too worried she can simply travel back on F-1 and start working on H-1B from Oct 1. This is inconvenient because if she travels back to home country again, an H-1B stamping will be required for reentry. I suggest just go for H-1B stamping and get it over with. A denial now will not prevent travel back due to valid F-1.

Best wishes

Dr. Sandeep Shankar,,