An F-1 student on STEM OPT is facing a difficult situation after being selected in the August 2025 H-1B lottery. The student is planning international travel, but concerns have emerged regarding visa status and re-entry into the US.
The student currently holds a valid F-1 visa until 2027. However, travelling abroad while an H-1B Change of Status is pending can create serious complications. Experts warn that such travel decisions must be made with caution.
Legal experts state that travelling during a pending H-1B Change of Status may result in the application being treated as abandoned. In such cases, the petition could still be approved, but under consular processing rules instead.
This would require the applicant to return to their home country for a visa interview. A fresh visa stamp would be needed before re-entering the US. Only then can the H-1B status be officially activated.
Experts have advised the student to carefully plan any travel. If the petition is approved before the planned August travel, re-entry into the US could become complicated. This creates uncertainty around immigration status.
Customs and Border Patrol officials may question the visa category during re-entry. The applicant may not be considered under F-1 status. At the same time, the H-1B status will not begin until October.
This situation creates a temporary gap in legal status. Travel during this period is highly restricted. In some cases, the applicant may only be allowed to return close to the H-1B start date.
The student now faces a difficult choice regarding travel plans. Risks include being stranded outside the US or facing additional costs if the case shifts to consular processing. Seeking advice from an immigration attorney is essential.
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