Travel to India on F1 while H1B approved


I have filed my H1B in premium processing. I want to travel India, but my Lawyer suggested, I shouldn’t travel unless H1B is approved. My OPT extention expires on 10/07/2014.

If my H1B is approved, can I return back US safely before Oct 1st?

I am planning for trip in June-July. Will some change of Status requied even if H1 is approved? Can this affect my work permit or deny my entry to USA? Can I return on F1 while H1B is approved?

Thanks in Advance,


If you leave US prior to H-1 approval, then COS will be abandoned. You will have to return on F-1 visa and then file for separate COS from F-1 to H-1 once H-1 gets approved, The other option is to get H-1 visa stamped and return around Oct 1.

If you leave US after H-1 approval, then your COS will be approved for Oct 1. You can then leave US, return on F-1 and automatically be on H-1 from Oct 1.