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

[archchen]

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.

 

[GotPR?]

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?

You can apply for new H1 visa at consulate, but you can not use it to enter. One can use H1 stamp for entry only from 10 days before H1 start date which is June 5 in your case.

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?

if you surrender it upon departure this time, the I94 you'll get at POE upon re-entry is endorsed with F1. YOu can not start working on June 15, unless you travel again, and reenter the US with H1 stamp.
So, basically, you should not surrender I94 attached to approval notice.

 

[archchen]

Hi Mr./Ms. GotPR?

Thank you very much for your quick response. It is really making me more clear now, but excuse me, I still have few quick questions.

You can apply for new H1 visa at consulate, but you can not use it to enter. One can use H1 stamp for entry only from 10 days before H1 start date which is June 5 in your case.

So, no matter I apply to change to H1B VISA this time or not, the reentry is still on F1 VISA. is it right?

if you surrender it upon departure this time, the I94 you'll get at POE upon re-entry is endorsed with F1. YOu can not start working on June 15, unless you travel again, and reenter the US with H1 stamp.

Are you meaning that if I just turn in the original I-94 without new one from the H1B approval notice this time, I don't need to travel out again for changing to H1B VISA and still can work legally after Jun. 15? If it is better to keep the new I-94 this time, I will do it. Could I also ask what the POE is? Thanks.

I really appreciate your great help.

 

[GotPR?]

So, no matter I apply to change to H1B VISA this time or not, the reentry is still on F1 VISA. is it right?

Unless you have H1 stamp which comes valid 10days before H1 start date, your only entry option is F1.

Are you meaning that if I just turn in the original I-94 without new one from the H1B approval notice this time, I don't need to travel out again for changing to H1B VISA and still can work legally after Jun. 15? If it is better to keep the new I-94 this time, I will do it. Could I also ask what the POE is? .

Yes, you can start working without H1 stamp IF you come back before H1 start date.
If you surrendered I94 this time, you have no document to prove your duration of stay after your status gets changed to H1 on Jun15 as I94 you'll get when you come back is with F1.

POE is Port Of Entry.