Can I Travel Internationally While My H-1B Change of Status Is Pending?
Understanding the Risks for F-1 Students
If you are an F-1 student with a pending H-1B cap petition and a request to change status to H-1B, it's crucial to understand how international travel can affect your application—and your ability to begin H-1B employment on time.
Here is what you need to know if you're considering international travel while your H-1B change of status is pending with U.S. Citizenship and Immigration Services (USCIS).
Travel While Your H-1B Change of Status Is Pending May Jeopardize Your Status
Leaving the United States while your H-1B petition and change of status request are pending will result in the abandonment of the change of status portion of your case. While USCIS may still approve the H-1B petition itself, you would no longer be eligible to change to H-1B status automatically on October 1 (or the requested start date).
In this case, you would be required to take additional steps before beginning H-1B employment, such as:
- Applying for an H-1B visa at a U.S. consulate abroad (unless you are Canadian and exempt from the visa requirement).
- Re-entering the U.S. in H-1B status before starting work.
- Possibly delaying your employment start date, depending on the availability of visa appointments and processing times.
Visa Appointments Abroad Can Be Unpredictable
If you are forced to apply for an H-1B visa abroad due to abandoned change of status, be prepared for:
- Extended wait times for consular appointments, especially during summer and early fall.
- Additional scrutiny during the visa interview process.
- Potential delays in returning to the United States, which could affect your ability to begin H-1B employment on time.
These risks make it critical to assess whether international travel is necessary while your petition is pending.
Reentering the U.S. in F-1 Status
If you decide to travel and your F-1 visa is still valid, it may be possible to return to the U.S. in F-1 status before your H-1B start date to resume your OPT or continue your academic program. However, this option carries its own risks:
- Increased scrutiny at the border: CBP officers may question your nonimmigrant intent since your H-1B petition indicates an intent to work long-term in the U.S.
- Questions about your compliance with F-1 program rules, including employment authorization, full-time study, and SEVIS status.
Any perceived discrepancies could lead to additional delays, or in worst-case scenarios, denial of entry.
Special Considerations for Cap-Gap Students
If you are in a "cap-gap" period—where your F-1 status and OPT are extended while your H-1B petition is pending—travel carries added risk. In many cases, you may lose your work authorized cap-gap status. Instead, travel would likely result in abandonment of your change of status, requiring you to follow the consular processing route described above.
What You Should Do Before Traveling
If you're considering travel while your H-1B petition is pending:
- Speak with your Designated School Official (DSO) to understand your SEVIS and F-1 status requirements.
- Consult with an immigration attorney to assess the risks based on your specific situation. Reach out to us directly if you’d like us to assess your particular situation.
- Prepare for possible delays in visa issuance and reentry.
- Evaluate whether the travel is essential, or if it can be postponed until your H-1B status has been fully approved.
How Ellis Can Help
Our team advises students and professionals navigating the complex transition from F-1 to H-1B status. If you’re unsure whether it’s safe to travel, we can help you understand your options and develop a strategy that protects your immigration status and work eligibility. Contact us today for tailored legal advice.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your case, consult with an immigration attorney.