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Work and Travel Guidance for F-1 Students with H-1B Change of Status Petitions

Practice Chair Susan Cohen and Of Counsel Bill Coffman have published annual guidance on travel for F-1 students who are the beneficiaries of H-1B petitions with change of status requests. 

Some key points:

  • We do not expect to receive any more receipt notices for FY17 cap cases.
  • As a general rule, it is safest not to travel during the cap-gap period.
  • Traveling outside the United States while the change of status is pending will cause an abandonment of the change of status part of the petition, but the petition itself will still be adjudicated by USCIS.
  • Check your OPT/ EAD expiry and ask your attorney if you have any questions.

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Authors

Immigration News Team

William L. Coffman

Special Counsel

William L. Coffman focuses on immigration and nationality law at Mintz. He represents clients on immigration matters before the US Citizenship and Immigration Services, the Department of Labor, and US and foreign consulates.