F-1 Travel During Cap-Gap Extension
Author: Alena Shautsova
Holders of F-1 status who applied for H1B change of status and were selected for the next fiscal year, have their status automatically prolonged until October 1: the first day when they can legally accept employment in H1B category.
Many of them, however, would like to visit their home country before they start the new work life. Can they do so and come back in F-1 status?
Apparently, no they cannot. It means that if an F-1 holder travels internationally during the cap-gap extension period, he/she will lose the F-1 status. Is there any solution for this dilemma?
Yes. If an F-1 holder on cap-gap extension wishes to travel, he/she will have to apply for H1B visa stamp after he/she leaves the US and enters the US in H1B status. A person with approved H1B petition can be admitted into the US 10 days prior to the start of his/her work, meaning the earliest day of admission would be September 20.
For all students intending to travel overseas, it is best to obtain immigration attorney advice prior to leaving the country. You may direct your Immigration questions to New York Immigration lawyer Alena Shautsova at 917-885-2261.