Confusion!! Travelling in OPT before the H1B valid date from the approval notice

archchen

New Member
Hi all

I already look up lots of cases in this great forum, but cannot find any case which is similar to mine. The below is my information so far.

Expiration date of
Passpot: Jun 10, 2012
F1: Jul 11, 2007
I-94(Class in F1): D/S
OPT: Jun 19, 2006
H1B approval notice w/I-94 (I-797): valid from Jun 15, 2006 to Jun 14, 2009

I am in United States now. I plan to travel outside the United States other than my own country in short vacation on this April 27, 2006 and come back on May 7, 2006. Travelling out of the United States during the OPT is OK for sure, but now I got the approval notice of H1B. I am wondering that before I come back United States, should I apply the new H1B VISA during this vacation first or I still can reentry by holding the valid F1 VISA? Should I tear off the new I-94 from the H1B approval notice and turn it in with the original I-94 when I depart, or keep the new I-94 and I-797 first and turn it in on next time travelling oversea after the H1B valid date? Has any conflicition?

In fact, my understanding is on the backing date of May 7, I am still in valid OPT period, and the valid date of H1B will start on Jun 15, 2006. However, when I double check with my attorney, the international office of my shool, the UCIS customer service twice and vist the immigration officer in town, I got the different answers between them. Someone say it will be ok by holding F1 Visa for the reentry, but others say it will be a risk or even void your H1B approval. That's my confusion.

Has anyone the similar case or has any advice? I am really afraid of any terrible situation when I reentry. If any my word is unclear, please correct me anytime.

Thanks for your patience and appreciate your any answer.
 
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