H-1B stamped: Can you enter US on a student visa?
What's the story
Students in US universities with a job offer in the country are facing an immigration conundrum.
The problem is if they get their H-1B visas stamped right now, it is unclear whether they can enter the US on their valid F-1 visa (for students) before October 1.
To note, the H-1B visa lottery was recently completed and the validity of such visas will kick in on October 1.
Till then, the status of both F-1 and H-1B visas remains murky.
Complications
H-1B status doesn't become effective until October 1
The confusion is that the H-1B status doesn't become effective till October 1. Therefore, technically, the student is still on F-1 status till then.
But the situation can get even trickier at US airports. Immigration officers may view the person as moving to H-1B status on stamping of their work visa, irrespective of its future start date.
Entry challenges
Some officers may deny entry on F-1
Some Customs and Border Protection officers might even deny entry on an F-1 visa, saying the person's "intent" to enter the country has changed.
This confusion during the transition period has made many advisors recommend against travel.
If someone departs on F-1 and gets their H-1B stamp abroad, they can only safely re-enter America on October 1 or ideally 10 days before, around September 20.
Important advice
Always consult with DSO and immigration attorney
It is essential for affected students to discuss with their Designated School Officer and an immigration attorney before deciding anything.
This is especially important in light of the current political climate that is impacting visa rules.
The complexity of US immigration laws also makes it important to seek professional guidance to avoid potential pitfalls during the transition from F-1 to H-1B status.