Being picked in the H1B lottery is generally good. But it becomes a bit tricky if international travel is involved before petition filing.
Here, the person is currently on F1 STEM OPT. They had to travel to their native country after being picked in the H1B lottery and are now traveling to come back to the US on the same F1 visa.
Also Read – F-1 Rejection: Visa Denied Over Student Loan?
The plan is to submit the H1B petition only upon entering the US—much in advance of the June 30 deadline. But entering the country after being selected in the lottery, even prior to submission, might cause some problems at the port of entry.
F1 is a non-immigrant visa. Being selected for H1B—even prior to submission—might sometimes be interpreted as having immigrant intent.
Also Read – Can Multiple H1B Transfers Raise a Flag?
Immigration authorities can check the SEVIS and other databases, which might already indicate H1B selection. If that is the case, they might inquire about the intention to return on an F1 visa.
This does not always result in issues, but it is not completely risk-free either. There have been cases where people were questioned and even refused entry, solely based on perceived intent.
Also Read – ICE Raids Indian Student’s Dorm, Gets Exposed!
What works in Japan, however, is being well-documented and transparent. A letter from the employer indicating that the H1B petition has not yet been filed and that the person remains on valid F1 employment can be a lifeline.
A return flight, proof of home country ties, or a recent employment letter on OPT are other documents that help prove intent.
Travel after lottery selection but before filing is in limbo—technically legal, but delicate. Port of entry immigration determinations will depend to a large extent on the extent to which a case is well-made.
It’s not hiding anything. It’s staying within the parameters of the current visa while laying the groundwork for the future.
With uncertainty over entry checks, a little over-preparation is better than last-minute panic. Rules have not altered, but knowledge is more important than ever.
