Q: When is the H-1B cap registration period for 2024?
A: It's expected to be in the first two weeks of March 2024, but specific dates haven't been announced as of January 24, 2024.
Q: Can I travel while my H-1B cap registration is pending if I'm maintaining F-1 status?
A: Yes, international travel typically doesn't affect the H-1B cap registration process. Ensure you comply with F-1 travel requirements and have the necessary documents for reentry.
Q: Can I travel abroad while my H-1B cap petition is pending with USCIS?
A: It depends. If your petition is a "change of status," avoid international travel as it may void the change request. After approval, you can travel before October 1st with valid F-1 documents. For "consular notification" petitions, you can travel and reenter with valid F-1 status and documents.
Q: What documents should I carry if I'm in F-1 status with a valid OPT or STEM OPT and travel internationally before October 1st after my H-1B petition has been approved?
A: Carry a passport valid for at least 6 months beyond your U.S. stay, a valid F-1 visa stamp, an endorsed Form I-20, a valid EAD card, and a letter from your employer confirming U.S. employment.
Q: Can I apply for a new F-1 visa stamp if I travel abroad after my H-1B petition has been approved and I'm on a valid OPT or STEM OPT extension?
A: Yes, you can apply before October 1st. Visa issuance is at the consular officer's discretion and may face delays.
Q: What if my F-1 OPT or STEM OPT extension expires before my H-1B cap petition is approved?
A: Your EAD/work authorization might be extended beyond the expiration date if your H-1B registration is selected. You must be on authorized OPT or STEM OPT when the H-1B is filed to qualify for "cap gap" extension until at least September 30th.
Q: Can I apply for a new F-1 visa stamp if I'm in F-1 status with “cap gap” and travel abroad after my H-1B petition has been approved?
A: Travel during "cap gap" is generally advised against. Discuss any travel plans with your company and counsel.
Q: What documents should I carry if I have F-1 “cap gap” and travel internationally after my H-1B petition has been approved, before October 1st?
A: Carry a passport valid for at least 6 months beyond your U.S. stay, a valid F-1 visa stamp, an endorsed Form I-20, your expired EAD card, and an employer confirmation letter.
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