Practice Chair Susan Cohen and Of Counsel Bill Coffman have published annual guidance on travel for F-1 students who are the beneficiaries of H-1B petitions with change of status requests.
Some key points:
- We do not expect to receive any more receipt notices for FY17 cap cases.
- As a general rule, it is safest not to travel during the cap-gap period.
- Traveling outside the United States while the change of status is pending will cause an abandonment of the change of status part of the petition, but the petition itself will still be adjudicated by USCIS.
- Check your OPT/ EAD expiry and ask your attorney if you have any questions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.