H-1B CAP: Students in F-1 Status on OPT and Travel

• No more than 90 days of unemployment during the initial OPT period.
• No more than 60 days during a 24-month STEM OPT extension, for a maximum period of 150 days of unemployment.

Documentation For Re-Entry After International Travel

If you decide to travel, please confirm with your designated school official (DSO) regarding the documentation you will need to carry/present. You should have at least the following documentation with you for re-entry to the U.S.:

• Valid passport;
• Valid F-1 Visa Stamp (unless you are a Canadian citizen);
• Endorsed Form I-20 – ensure that it is endorsed for travel and OPT by your designated school official (DSO);
• Valid EAD (if studies have been completed); and
• Verification of employment letter from your OPT employer (if studies have been completed).

Determine How Travel May Impact Your Situation if the H-1B CAP Petition is Filed with a Request to Change Status

1. I am still in school and have not yet applied for OPT.

• Has the H-1B Change of Status been filed for you?
  • Yes –> Has it been approved?
  • Yes: You should be able to travel abroad and return to the U.S. in F-1 status before October 1 if you will resume studies upon re-entry. You may be subject to increased scrutiny of your immigration intent when you return.
  • No: Traveling will abandon the request to change tour status to H-1B. You may return to the U.S. but may be subject to increased scrutiny of your immigration intent when you return. To activate the H-1B, you will need to depart the U.S. before the end of your F-1 and apply for an H-1B visa abroad.
  • No: You may travel and return on F-1 status to resume your studies.

2. I completed school and did not apply for OPT.

• Has the H-1B Change of Status been filed for you?
  • Yes: You cannot travel or work but can remain in the U.S. until the H-1B takes effect.
  • No: You cannot travel and reenter the U.S. during the 60 day grace period.

3. I completed school and my 12 month OPT EAD request is pending.

Traveling while the OPT application is pending may be risky, even if an H-1B Change of Status has been filed. Please contact CIP to discuss your options for travel.

4. I have an approved 12 month OPT EAD

• Has the H-1B Change of Status been filed for you?
  • Yes –> Approved?
  • Yes: You should be able to travel abroad and return to the U.S. in F-1 status before October 1 if you are starting or resuming OPT employment. You may be subject to increased scrutiny of your immigration intent when you return.
  • No: Traveling will abandon the request to change your status to H-1B. You may return to the U.S. but may be subject to increased scrutiny of your immigration intent when you return. To activate the H-1B, you will need to depart the U.S. at the end of your F-1 and apply for an H-1B visa abroad.
  • No: You may travel and return on F-1 status if you are starting or resuming OPT employment.

5. My timely request for STEM OPT is pending.

• Has the H-1B Change of Status been filed for you?
  • Yes –> Approved?
  • Yes: You should be able to travel abroad and return in F-1 status before October 1 to start or resume OPT employment as long as you are work authorized through a previously approved OPT.
  • No: Traveling will abandon the request to change status to H-1B. You may travel and return in F-1 status but will need to activate the H-1B by departing the U.S. before the end of your F-1 status and apply for an H-1B visa abroad.
  • No: You should be able to travel abroad and return the F-1 status before October 1 to start or resume F-1 OPT employment as long as you are work authorized through a previously approved OPT.

6. I have a valid STEM OPT EAD

• Has the H-1B Change of Status been filed for you?
  • Yes –> Approved?
  • Yes: You should be able to travel abroad and return in F-1 status before October 1 to start or resume STEM OPT employment
  • No: Traveling will abandon the request to change status to H-1B. You may travel and return in F-1 status but will need to activate the H-1B by departing the U.S. at the end of your F-1 status and apply for an H-1B visa abroad.
  • No: You travel and return to the U.S. to start or resumes STEM OPT employment.

7. My OPT expired but an H-1B Change of Status was filed for me before my OPT expiration date.

• Yes –> Approved?
• Yes: Generally, we recommend that you do not travel during this period. Even though current policy permits for travel in certain circumstances, you may still be subject to extreme scrutiny about your immigrant intent based on H-1B petition filed on your behalf. If you decide to travel, please contact CIP to go over the risks.
• No: By traveling, you will abandon the change of status request and will need to wait until at least October 1 to return with a valid H-1B visa from a consulate.

8. Can I travel if my H-1B has been approved and I plan to travel internationally, but my F-1 visa is expired or will be expired before I return to the U.S.?

• You will need to apply for an F-1 visa before you can return to the U.S. You may be subject to extreme scrutiny about your immigrant intent based on H-1B petition. U.S. consulate and border officials may see that you have an approved H-1B and question your intentions as an F-1student. This can be interpreted as having strong ties to the United States instead of your home country. If the consular or border officer believes you do not intend to return to your home country at the end of your authorized F-1 activities, your F-1 visa may be denied or you may be denied entry into the U.S. You would then need to wait until you can apply for an H-1B visa and enter the U.S.