if you leave USA when H1 is pending, the later approved COS(I-94 part) may be considered invalid and you do need to reenter again with H1B visa to start H1 status in Oct to be safe. Because you don't want a few years from now, the officer adjudicating your I-485 determnines that your H1 I-94 from the I-797 is not valid and he can then count all your H1 time as illegal days and unauthorized work to the 180 days limit.
from now, the officer adjudicating your I-485 determnines that your H1 I-94 from the I-797 is not valid and he can then count all your H1 time as illegal days and unauthorized work to the 180 days limit.
【在 c**2 的大作中提到】 : if you leave USA when H1 is pending, the later approved COS(I-94 part) may : be considered invalid and you do need to reenter again with H1B visa to : start H1 status in Oct to be safe. Because you don't want a few years from now, the officer adjudicating your I-485 determnines that your H1 I-94 from the I-797 is not valid and he can then count all your H1 time as illegal days and unauthorized work to the 180 days limit.
d*u
13 楼
找到了下面这段 所以你如果opt回国,但不申请h1b,再回来是可以的 --------------------------------- If the person leaves the U.S. and returns to the U.S. during OPT, an F-1 visa is required in order to resume OPT employment (or a valid I-94 with D/S if returning from Canada). If that person comes back in F-1/OPT status without applying for an H-1B visa, then the I-797A change of status will still be valid for 10/01. The "last action" is the change of status on 10/01, not the person's return to the U.S. in F-1/OPT status. If that person applies for an H-1B visa, regardless of whether the person has an I-797A or I-797B, any valid F-1 visa in the passport may be canceled by the consular officer. Then the person cannot return to the U.S. to resume OPT employment and must wait until 09/21 to return to the U.S. and wait until 10/01 to resume employment in H-1B status. Since the person can no longer return to the U.S. in F-1/OPT status, the change of status for 10/01 is void (but the work authorization is still valid). In this case the "last action" is the return to the U.S. using the new H-1B visa in late September. If the person has a valid F-1 visa that is not canceled when the H-1B visa is issued, that person can try to use the F-1 visa to return, but keep in mind that the F and H visas have conflicting purposes, so the immigration officer at the port of entry may cancel one or the other. So assuming that the person (1) has received before leaving the U.S. an I-797A approval for change of status from F-1 to H-1B on 10/01, (2) will return to the U.S. well before the end of OPT and plans to continue OPT employment, then this person should not apply for an H-1B visa while outside the U.S. -----------------------------------------------------------