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Change of Status from J1 to H1B. H1 Status is pending, can I travel outside the US while I wait?
Anonymous1 views2 answers
Hi, I have a change of status from J1 to H1B (for my J1 waiver). I wish to travel to my home country. I have booked my flight, but my H1 status is still pending and expected to come soon.
(done expedite by my employer)
1. If my H1 is not approved by then can I leave to US and have the document mailed to me later?
2. If my H1 is approved, but I don't have the document, can I leave the country
3. Will I have any problems at the port of exit.
4. Will I have problems when I apply for my H1B stamping in my home country?
My status is still valid here. I would appreciate a quick reply. Many thanks.
If you requested a Change of Status to H-1B and depart while the petition is pending, USCIS may consider the petition abandoned and withdraw it at any time. Assuming your H-1B is approved and valid, you should consult an attorney prior to applying for a visa. They will need to review the waiver and H-1B, as well as your nonimmigrant visa application and the consulate where you will be applying for a visa, before advising you on your nonimmigrant visa interview. These are very complex issues, compounded by the status of your J-1 waiver and H-1B.
I second Mr. Reich's recommendation to consult an attorney before following through on your plans. The extra effort on your part now is well worth avoiding larger issues down the road.
tuart Jonas ReichImmigration AttorneyNew York, NY ·
Hopefully, you have consultant an attorney directly for responses specific to your case - if not, you need to.
1) Yes, though you will need to apply for and receive a new H-1B visa stamp before returning.
2) Yes -there are very few restrictions on someone LEAVING the U.S. - getting back in is usually the trickier part.
3) Not likely.
4) The answer here depends on your unique situation - the consulate accepting that the J-1 waiver is approved and that the H-1B represents a bona fide job offer. An attorney would need to evaluate your case to answer this properly.
Speak with an attorney.
