Asked on Apr 01st, 2013 on Immigration - New Jersey
More details to this question:
If change of status application from f-1 visa to h-1b visa got abandoned due to travel international, can i reply for COS part of petition I am willing to travel international between April 1st to Oct 1st 2013. My employer has applied for COS from f-1 to h-1. if i travel, my h-1 application will get abandoned. can i reapply for COS part of petition after coming back to USA.. so that i dont have to go for H-1 visa stamping and continue working in USA
The difficulty with your situation is that you cannot just apply for a change of status without again applying for the H-1B petition as there is no separate form for change of status as there was in earlier days. Perhaps you may be able to premium process your H-1B so the both the petition and change of status are approved effective October 1st. In such case, you may be able to travel after the approval and before October 1st. Of course, there is the possibility that a CBP inspector may question you on the issue of nonimmigrant intent if he or she discovers that you have applied for and have been approved for H-1B status. As you know, F-1 students are not supposed to have an immigrant intent. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.