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Travel in F1 Student Visa in the OPT, with H-1B Status Approval

Dr. William:

I have received my H-1B status approval recently. Can I travel outside the U.S. and return before my H-1B status starting date, as a F1 student in the OPT? Also, my husband is on H-4 and is looking for a position in a university's hospital. Will the H-1 visa cap apply to a position in a university's hospital?

Answer:

If you have a valid H-1 visa on your passport and your Form I-20 showing the F1 OPT status, you should be able to travel outside the U.S. and return before your H-1B status starting date. After the starting date of your H1B approval, your status in U.S. changes from F-1 to H-1B.

If your husband get the job in a university's hospital, he will be exempt from the H-1B cap, as long as he works for that hospital. But he will need to file a cap subjected H-1B application, if he changes employer later.




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