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Hi !

I'm on F1 visa since August 2014 and currently on OPT extension. My company shall be filing my H1B visa under change of status  this year. I was planning to travel to India from 1st- 3rd week of March. However, my company lawyer advised me not to travel atleast 30 days before applying for H1B visa ( i.e. 1st April). The lawyer advised that if the consulate goes into legalities and technicalities of rule, then they can even reject visa application if someone applies for "change of status"  within  90 days of re-entering USA . 

Does the 90-day rule ( defined in Sept 207)  apply to "Change of status due to H1B " from F1 visa? I also read online that " Nonetheless, aliens who have entered the U.S. on a B or F visa, or any other nonimmigrant visa that does not allow immigrant intent, or the VWP should be cautioned regarding the risks of filing an adjustment of status, extension of status, or change of status within 90 days after entry." I also read that 90 day rule is defined by Department of State (DOS) and has not been implemented by USCIS yet.

I've re-entered USA multiple times on F1 visa since Aug 2014 and last date of entry was in Dec 2017. For the  90 day rule,  is the 1st time of entry considered or last date of entry is applicable?

Is it fine to travel to India from 1st to 3rd week of March if my company is filing for H1B visa on 1st April? Please advise.

Thanks in advance !! 

asked in H1B Visa by (160 points)
You may enter before April 1, must not be a problem provided there are no issues at POE

3 Answers

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Hi Everyone ! Has anyone also faced such situation?
answered by (160 points)
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You may enter before April 1, must not be a problem provided there are no issues at POE

answered by (40.3k points)
0 votes
Got to know from an immigration lawyer that it is okay as long as you are able to submit your new I94 after entering US. Your company would need your new I94 to file along with your H1B change of status petition.

Since you said you would be back in 3rd week, you should not have any problem.
answered by (140 points)



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