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Posted on 02 Jun 2009
Q.

Valid OPT and F1 Visa, Pending H1b Visa - Can I Travel?

Hi,

I have an OPT visa that expires at the end of June. And I currently also have a pending H1b application status (which I assume would be eventually approved).

From what I understood, it seems that I can continue working, from the expiration of my OPT to the start of the H1b (assuming I was accepted) via the Cap Gap rule.

My questions are:

1. Can I leave the country and come back before June via the OPT/F1 visa and still be able to continue working from July-Oct (via Cap Gap), and subsequently after Oct via H1b, if my H1b status is approved PRIOR to my travel date?

2. Same question as above, but if my H1b status is approved AFTER my travel date.

Thanks you for your help.

User's Location: Seattle, Washington, United States of America
Category: F1 Visa (Student Visa)
Posted on 04 Jun 2009
A.
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Dimitar Michailov
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Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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