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1. My employer submitted a registration on my behalf in this year’s H-1B cap lottery. How will this affect my ability to travel?

Being entered into and/or selected in the H-1B cap lottery will not on its own affect your ability to travel while in F-1 status. If you are not selected in the lottery and need to travel, see Questions 1 – 6 above to determine whether travel is appropriate, and if so, what documentation you will need to reenter the States. 

Also refer to Questions 1 – 6 if you are selected in the H-1B cap lottery and you need to travel before an H-1B cap petition and application to change status are filed on your behalf. If you decide to travel in this scenario, keep in mind that you must be physically present in the United States when your employer files your H-1B change of status petition with USCIS. Also note that in order to preserve cap-gap benefits, your change of status petition must be received by USCIS while you are still in a period of valid F-1 status. To extend work authorization under the cap gap, the petition must be received at USCIS while your OPT is still valid. 

Please see Questions 8-16 if you are selected in the H-1B cap lottery and need to travel after your employer files a change of status petition on your behalf. 

2.  I am an F-1 student and an H-1B cap petition and application to change status to H-1B have been filed on my behalf. May I travel internationally while they are pending?

If you leave the United States before your change of status is approved by USCIS, you will have to take extra steps to assume your H-1B status before you begin H-1B employment on October 1 (or later, depending upon the employment start date requested by your H-1B employer).

If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. USCIS may still approve the H-1B petition itself, but you would not automatically change from F-1 to H-1B status on the start date of your approved H-1B petition. Instead, you would have to leave the United States again and apply for an H-1B visa at a U.S. consulate or, if otherwise permissible, have your employer submit a new petition to change status to H-1B after your return.

If you apply for an H-1B visa abroad, you could be subject to a long wait overseas during the visa application process, which could delay your return to the United States and your ability to begin your H-1B employment on time. See Questions 13 - 15 for more information about the visa application process.

In general, you should be able to reenter the United States in F-1 status prior to your H-1B employment start date to resume your F-1 activities, though you may be subject to greater scrutiny about nonimmigrant intent based on the filing of the H-1B petition.  See Question 13 for more information about this issue. See Question 11 for additional considerations if you are considering international travel during a cap gap period.

3.    I am an F-1 student who is still in school. I am not applying for Optional Practical Training, but I will be the beneficiary of an H-1B cap petition. After my H-1B petition and application to change status are approved, can I travel abroad before my H-1B employment start date?

After your change of status is approved but before it takes effect, you should be able to travel abroad and reenter, as long as your course of study is not finished, and you are coming back to the United States to resume your studies. (If you will be finished with school by the time you travel, see Question 10.)

When you travel, make sure you have a valid passport, a valid F-1 visa stamp (unless you are a visa-exempt Canadian), and a Form I-20 that is endorsed for travel. If your F-1 visa is no longer valid, you will need to get a new one to reenter in F-1 status (unless you are eligible for automatic visa revalidation, as described in Question 4 above). You may experience delays during the visa application process, as detailed in Question 15.

Keep in mind that you may be subject to greater scrutiny about your nonimmigrant intent based on the filing of your H-1B petition. See Question 13 for important information about this issue.

4.   I have completed my F-1 academic studies and am not applying for post-completion Optional Practical Training. After my H-1B petition and change of status are approved, will I be able to travel abroad?

If you have competed your studies and have not applied for OPT, you will not be able to return to the United States in F-1 status after international travel. However, if your H-1B petition and application to change status to H-1B are filed before your F-1 status expires, you can remain in the United States during the cap-gap period between the end of your F-1 period of stay (including 60-day grace period) and October 1. If your H-1B cap petition and change of status remain pending at USCIS beyond October 1, you can remain in the United States through the adjudication of the filing but you may not begin work until your cap petition and change of status are approved and take effect.

If you must leave the United States, you will have to apply for an H-1B visa to return, and will not be able to work in H-1B status until the H-1B employment start date requested by your employer. See Questions 13 - 15 for more information about H-1B visa application procedures and possible delays.

5.   I am an F-1 student awaiting a change of status to H-1B and my OPT expired after my change of status was filed. During the cap gap, can I travel internationally after my change of status is approved and reenter before October 1?

USCIS permits cap-gap travel in certain circumstances. However, you must be sure to have the appropriate documentation and be prepared to demonstrate that you intend to comply with F-1 rules, including having nonimmigrant intent and the intent to return to pursue legitimate F-1 activities. This is especially true if you will need to apply for a new F-1 visa in order to return to the United States. See Question 13 for important information about establishing nonimmigrant intent and Question 15 about visa processing delays. 

If your application to change status to H-1B was filed before your OPT expired and has been approved, you will receive a cap-gap extension of stay and work authorization through October 1, 2023. You may also travel abroad and return to the United States in F-1 status before October 1, even if your OPT EAD is no longer valid on its face. Your H-1B change of status petition must be approved prior to departure.

You will need the following documents in order to reenter in F-1 status:

• A valid passport;
• A valid F-1 visa stamp (unless you are Canadian);
• A Form I-20 Certificate that has been endorsed for travel by your DSO in the last six months and for a cap-gap extension of stay and work authorization;
• Your expired EAD; and
• A copy of your H-1B petition and approval notice.

If you travel abroad before your change of status to H-1B is approved, you will be unable to return in F-1 status and will need to take extra steps to assume H-1B status; see Question 8.

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