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I have been working on F-1 OPT for the last 16 months or so at a startup and they recently applied for my H1B. We haven't heard back from USCIS yet on whether i

I have been working on F-1 OPT for the last 16 months or so at a startup and they recently applied for my H1B. We haven't heard back from USCIS yet on whether it was approved but, given Trump's recent ruling on H1B visas, I have no idea if that will happen at all now. As I understand, the process of being approved isn't affected, it's just the process of getting the actual visa itself at an embassy? And given my existing status, it's not clear that I am affected by the suspension. Either way, I still have about 18 months of OPT left, so I am assuming that I would be safe to come and go on my F-1 visa even if the H1B is suspended. If I were approved, I believe I could collect the visa in the future once the suspension has ended. Is this a reasonable assessment of how this works or am I way off the mark? There are a number of people I know in similar situations and no one seems to have a straight answer about what our status is.

proberts 6y ago
You are correct, the pending H-1B petition is unaffected by the latest proclamation/H-1B visa ban; it only applies if and when you want to apply for an H-1B visa at a US Consulate abroad. And yes, you can travel on your F-1 visa while the H-1B petition is pending or even after it is approved; this just means that you might to leave the U.S. at some point and apply for an H-1B visa to "activate" your H-1B status. But make sure to check with your company's attorney because your ability to travel on your F-1 visa could be compromised if and when the H-1B petition is approved if approved as a change of status.