H1B approved yesterday and have a flight tomorrow - How to enter USA?

USA H1B
#1

Hi Anil,

Here is my case. Can you please help me as soon as possible.
I am currently in India for some personal reason from last 15 days and I have applied for H1B April 2018 and after RFE i got the approval yesterday. I have a flight tomorrow and thinking if i can travel now on non H1B visa or not.

Can I travel to US on F1 visa (will it be valid now ) or can I travel using any other non H1B visa.
And then get the documents and then in couple of months come back for stamping ?

Or is it possible at all to travel US now without any documents with me regarding my H1B approval?

Please help.

Thank you

#2

How do i know if you have valid F1 visa now or not?

Was your H1b first time H1B or an H1B extension?

You have not specified anything clearly for me to understand your situation at all.

#3

I have a valid F1 but as per my understanding once H1B gets approved, F1 is invalid . Is it so ?

This is my first H1B .

I have valid B1 visa as well.

I need to know if H1 gets approved after oct 2018 and i am outside US, will I be able to enter US ?

#4

How was your H1B application filed?
With “Consular processing” or “Change of status”? Do you know?

You can enter USA with a valid US visa. Check the visa stamp in your passport and the validity written on it.

Do not enter US with B1/B2 visa if you want to work on H1B later. If has very high chance of rejection.

#5

Its under consular processing.

#6

Ok, then you need to get H1B visa stamp first to start working using H1B visa in USA.

You can go back to US at this time using your F1 visa valid stamp or B1/B2 visa valid stamp but will not be able to work using H1B.

#7

Hi Anil,

Thanks for the info
I have entered USA as it was under consulate processing.
Now my question is how to make the change of status request while I am in USA as all the documents are went to Mumbai consulate.

Do I have to fly back to India for processing?

#8

Yes, you have to go out of USA and get the H1B visa stamp.

#9

So is this the only way to make the change of status ?

#10

That’s what you chose while filing your H1B application.

If you do not want to leave US now, you have to file another H1B change of status application which would be same as your earlier one but specifically requesting “Change of Status” instead of “Consular processing”.

#11

What you suggest in this case. What is the better option to do ?

  1. Going back to India and then do the visa stamping. Also , if I do this , Do I need to request the change of status or just get the visa stamping?
  2. Stay in US and then submit another application for “change of status”.
#12

The choice depends on your current status and what you want to do immediately.

#13

current status is as you said its under consulate processing,
and I want to get the H1b approved. I am already working in US.
So going to India and doing the stamping is best option?

#14

What i meant with your current status was the status in USA. Which visa have you used to enter USA?

#15

I used the F1 visa to enter in US.

#16

At this time, the best and fastest option is to get H1B visa stamp.

#17

Anil, Thank you for the help. I really appreciate your time and help in providing the details.

1 Like
#18

@Anil.Gupta, I am almost in the same boat.
I am currently working on initial OPT valid through 1st of July. My employer will be filing H1B this April. I have to travel India in first week of April due to an emergency. Can I reenter USA on F1 visa and continue to work on OPT. what happens to my STEM OPT application as i will be filing it before leaving to India?

Please help with this situation.

Thank you

#19

You can enter US with valid F1 visa and continue working using OPT.

#20

As it is an in-country change of status application for H1B, when should I be departing again to get it consular processed?