There is usually a lot of confusion when it comes to travelling outside of the U.S. during the transition from F-1 to an F-1 OPT status, and during the transition from F-1 to an H-1B visa. The safest and usually recommended way is to stay put in the country and postpone any travel plans. However, as with anything, if you understand the visa rules and policies travel can be worry-free. I write from experience as I traveled on both occasions – when I went from a full-time student on F-1 to F-1 OPT during May – July 2016 and also when transitioning from F-1 to an H-1B recently.
Travel when going from F-1 to OPT status
So you are nearing the graduation date from the grueling master’s program (I’m assuming), have a job offer and wish to take some time-off to explore the world. Alternatively, you might want to go home to meet the family and get some well deserved down time. But you’re not sure and with all the usual talk about unemployment days and misinformation surrounding travel outside the states, the easier decision is to stay put. Worry not because if you decide to leave the US all you need when you return is your i20 with travel signature and OPT status, valid EAD card and your job offer letter.
Personal experience
I got a job offer very early on which freed me up to start planning my vacation. I knew that the period between me graduating and joining work would be my last big vacation in a long-time. I was ready to graduate in May 2016 and I already had a job offer, I just had to figure out the details of my travel.
During the first year on OPT, i.e. the 12-month period, you’re allowed 90 days of unemployment. I knew I wasn’t going to quit my current company within a year. I gave my start date at the company as July 25, 2016 but, on my EAD application I gave the employment start date as May 25, 2016, essentially utilizing 60 days of the 90 allowed. I kept 30 days just in case but looking back I wish I had used those as well and spent some more time in Europe or back home with friends and family.
I’d suggest you not miss this golden opportunity to travel the world or to visit folks back at home. I had about 2 months of summer vacation (longest I have had after 8th grade) to travel Europe and then onward to India where I spent time with friends and family. Don’t be in a hurry to start work and pay back loans, have some fun in life first.
Timeline
Nov 2015 – Get job offer. Mention joining date as July 25, 2016
Feb 2016 – Apply for OPT and EAD with employment start date May 25, 2016
April 2016 – Company applies for H-1B visa.
May 2016 – Graduate and receive EAD card in the mail. Receive word that H-1B application not picked in lottery.
June 2016 – Vacation in Europe – Berlin, Paris, Prague, Amsterdam and Bruges.
July 2016 – Onward to India. Spend time with friends and family.
July 18, 2016 – Return to the USA. Admitted with D/S stamp. No hassles.
When not to travel when going from F-1 to F-1 OPT
If you don’t have a job offer don’t leave the country. It’s best to stick around and look for employment. This is because when you come back the CBP officer may not see any good reasons to allow you back into the country. However, I have read online that if you have active job applications or you can somehow prove you are looking for employment, you may be allowed to enter but, it’s risky. My advice, unless it’s an emergency don’t leave the country after graduating when you don’t have a job offer yet.
TL;DR If you would like to leave the U.S after graduating, when you return at the port of entry have on hand the EAD card, job offer letter and i20. Missing any one of these could complicate matters. Don’t travel out of the US without a job offer if you’re ever planning to return.
Travel when going from F-1 to H-1B
I wanted to go to Europe again in 2017 and was really hoping that my application wouldn’t get picked in the lottery. For some that might seem like an insane thing to think but I had my reasons. One, getting picked in the lottery complicates travel plans. Two, I still had 2 more attempts at this H-1B lottery charade and three, I pay less in taxes as a student. Anyway things didn’t go as planned and I got the dreaded email which said “your application was picked in the lottery and we advise you not to have any travel plans until October”. Since premium processing had been suspended, I also had no idea when my application would be approved.
I did my research on the internet and found a small window when I could travel outside and return to the U.S. without any issues. Once you get the email from fragomen (or other immigration firm your company uses) that says “We have received your approval notice” you no longer have to worry about COS or anything. Luckily, I got this email towards the end of June.
Now, you can’t travel when your H-1B is in processing because when you leave the country your change of status is abandoned. This means you won’t transition automatically to H-1B status on October and you might need to get visa stamping done to achieve the result (more on this at the end). There are two parts to an H-1B application from the U.S – one is the visa approval itself and the other is the change of status (COS). The first one is common for applications from within and outside the U.S. Change of status approval means you automatically transition to H-1B from F-1 on Oct 1 when the applicant is already in the US.
If you travel outside the US after Oct 1, when you would have switched to H-1B status, re-entering requires the H-1B visa sticker. As far as I know, only your home country issues this visa sticker. And after you made all the appointments and gone through the process you are generally granted this visa stamping. In some cases you can get this done in Canada or in the Caribbean (do your own research. Google is your friend here). However, I think it’s easier to just plan a trip to your home country (India in my case) during the holiday season (Dec-Jan) or sometime during the following year and get the required visa stamping.
H1-B process flow
Fragomen applies for your H-1B (April)
-> Get email that application picked in lottery (April-May)
-> Get e-mail confirmation of H-1B and COS approval notice from Fragomen (June-end to July)
The travel window is between receiving that approval notice e-mail and Oct 1. Since you are in H-1B status, come October 1 to re-enter you need an H-1B visa sticker on your passport. However, before Oct 1 if you are on valid OPT/STEM-OPT with EAD, and have i20 with travel signature (note that on OPT travel signatures are valid only for a period of 6 months) you are free to travel out of the country and re-enter anytime before Oct 1 without any hitches.
Personal Experience – Timeline
April 3, 2017 – Fragomen applies for H-1B
May 5, 2017 – I receive email that my application is picked in the lottery.
June 29, 2017 – I receive email that Fragomen had received my approval notice from USCIS.
Aug 10, 2017 – I apply for Schengen visa via mail (since this is my 2nd time) to San Francisco.
Aug 25, 2017 – Receive visa via mail.
September 5 ’17 – Sep 14 ’17 – Vacation in Europe – Germany, Slovenia, Croatia.
Sep 14, 2017 Return flight to JFK airport, New York City – Admitted to to the U.S. No hassle.
When not to travel going from F-1 to H-1B
If your application is picked in the lottery, don’t travel until you receive word that your lawyer / firm has received approval notice from USCIS. If you do decide to travel out of the US, this could lead to abandonment of your COS. I know a friend who did travel and if it’s an emergency you can travel during this period and re-enter with OPT / STEM-OPT but consult your lawyer (usually your Fragomen contact would connect you with your lawyer). Don’t do it unless it’s absolutely necessary to travel out of the U.S.
Travel on cap-gap is a definite NO.
That’s all I have to say. Do take all the advice with a grain of salt and be sure to reach out to your immigration contact. Inform your lawyer / Fragomen contact of your travel plans and cover all your bases before you take off on your trip.
