F2, H1B application approved, can I travel out of US before Oct

cide

New Member
My wife held a valid F2 visa, which will be expired in Mar, 2008. She got a job offer this month, and filed an application for H1B visa. Now the H1B is approved, but it will be valid until this Oct. We want to have a trip to Europe in the coming August. MY question is: 1) Is there any risk for us to travel out of us before Oct? 2) Should my wife need to apply new visa when we return to U.S from Europe? Thanks a lot!
 
I have to ask.

1. When did she file H1 ?
2. Was she on H1 before ?
3. Is H1 sponser a company or university(or such kind) ?
4. Does she have master or PhD degree from the US university ?
5. How did you know h1 was approved ? Did you get approval notice ? If she got H1 approval notice, is I-94 attached to the notice ?
6. What do you mean with "Now the H1B is approved, but it will be valid until this Oct" ? Do you mean H1 will be expired in Oct or it's a typo ?
 
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I have to ask.

1. When did she file H1 ?
April
2. Was she on H1 before ?
NO
3. Is H1 sponser a company or university(or such kind) ?
a company
4. Does she have master or PhD degree from the US university ?
Yes
5. How did you know h1 was approved ? Did you get approval notice ? If she got H1 approval notice, is I-94 attached to the notice ?
Email from layer
6. What do you mean with "Now the H1B is approved, but it will be valid until this Oct" ? Do you mean H1 will be expired in Oct or it's a typo ?
She has a valid F2 visa now. And her H1B visa will only be valid after Oct.
 
If she traveled before Oct, she may need to get H1 stamp before she can start working because COS might be considered abandoned.
According to the rule, she can obtain H1 stamp 90 days prior to H1 start date. She can obtain H1 stamp in August, but can not use it til 9/20 so that if she need to enter the US before 9/20, she has to use F2 stamp, which means she has to travel one more time before Oct to use H1 stamp to be on H1 status.
 
Last edited by a moderator:
If she traveled before Oct, she may need to get H1 stamp before she can start working because COS might be considered abandoned.
According to the rule, she can obtain H1 stamp 90 days prior to H1 start date. She can obtain H1 stamp in August, but can not use it til 9/20 so that if she need to enter the US before 9/20, she has to use F2 stamp, which means she has to travel one more time before Oct to use H1 stamp to be on H1 status.
Thanks a lot!
What is COS?
 
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