Hi,

I understand this question has been posted several times, but I am unable to find a consistent answer. I am on OPT which expires on Aug 26 2010 (extended till Oct 1 due to cap-gap). My H1 petition was applied on April 1st this year. I need to travel to India for 2 weeks May 14 - 29th.

1) If my H1 doesn't get approved yet during that time, can I come back on F1 visa? Will this require me to re-apply for an H1?

2) If my H1 does get approved during this time, can I still come back on F1 and go back for stamping later on (in Oct again)? Or do I have to wait in India till Oct 1 before I can get the H1 stamped?

Thanks,