I have been working on cap-gap OPT, after my EAD expired, based on my employer’s H1B petition that they filed for the start date of October first. …

… My H1B petition has just been approved with an I-94 for H1B status. I would like to travel back home for a short vacation in the last week of August and come back to continue working on OPT before my status changes to H1B on October 1st. Will I be able to do that?

Answer

F-1 students on cap-gap OPT generally should avoid travel. Even though leaving the U.S. after the approval of the change of status to H1B should not result in an abandonment of the change of status request, reentering the U.S. without a valid EAD to resume OPT employment may not be possible. (21.Aug.2015)

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