If you were selected in this year’s H-1B cap lottery and your cap-subject petition has been filed or is about to be filed during the current filing window, it is more important than ever to understand how international travel and filing decisions can affect your case. As in prior years, even an approved cap-subject H-1B petition cannot take effect until October 1, the start of the federal fiscal year, so there is an interim period during which your status and any travel must be managed carefully. What has changed dramatically since last year is the cost of getting these decisions wrong. The September 2025 Presidential Proclamation imposing a $100,000 fee on certain H-1B petitions has fundamentally altered the travel calculus for cap-subject beneficiaries, and the once-routine fallback of consular processing is, for most beneficiaries, no longer a practical option.

What changed: the $100,000 fee and why consular processing is no longer a fallback

On September 19, 2025, the administration issued a Presidential Proclamation imposing a $100,000 fee on certain H-1B petitions filed on or after September 21, 2025. Based on subsequent USCIS guidance, the fee generally applies to new petitions filed for beneficiaries who are outside the United States without a valid H-1B visa, and to petitions that request consular processing, port-of-entry notification, or pre-flight inspection, even when the beneficiary is physically present in the United States. Importantly, USCIS has clarified that the fee does not apply to petitions requesting a change of status, extension, or amendment for a beneficiary who is in the United States and remains eligible for in-country adjudication.

The practical takeaway for cap-subject beneficiaries is significant. In past years, a beneficiary who needed to travel could often simply request consular processing, or could travel and later activate the H-1B abroad through a consular route, treating it as a routine (if inconvenient)alternative. That alternative now carries a six-figure price tag that few employers are willing or able to absorb. As a result, the cap-subject petition should be filed as a change of status, and the central goal during this period is to protect your eligibility for in-country adjudication so that the petition is never converted into a consular case.

Can I travel while my H-1B petition is pending?

No. We strongly advise against any international travel while the petition is pending. If the petition was filed as a change of status (as it should be), departing the United States while it is pending causes USCIS to treat the change-of-status request as abandoned. The petition then converts to consular notification, which now triggers the $100,000 fee as a condition of approval and entry. Even if the underlying H-1B classification is otherwise approvable, you would be unable to activate it without that fee being paid.

This is the single biggest change from prior years. Abandonment used to be an inconvenience that could be cured with a consular trip or a re-filed change of status; today it can render the H-1B effectively unusable absent an extraordinary fee payment. Departure while the petition is pending also voids any cap-gap extension (discussed below). The bottom line is simple: do not leave the United States while your petition is pending.

Can I travel after the petition is approved but before October 1?

Even after approval, travel before October 1 carries real risk, and we generally recommend against it. There are three principal concerns:

• Scrutiny at the border on an F-1 visa. If you have completed your degree program and now hold an approved H-1B petition, CBP may question whether F-1 is the appropriate status for your admission when you are entering with the intention to begin full-time employment. Even an unexpired F-1 visa stamp does not guarantee admission, and there is a genuine risk of being refused entry.
• Difficulty returning if refused. If you cannot re-enter in F-1 status, the only path back would be to obtain an H-1B visa stamp at a U.S. consulate abroad. Under current conditions, that is far from routine: appointment availability is limited at many posts, administrative processing under Section 221(g) has become more common, and refusal rates have risen overall. A trip intended to last a week can turn into weeks or months stranded outside the United States.
• I-94 “mismatch.” If you do successfully re-enter in F-1 status, CBP will issue a new I-94 that will not match the I-94 attached to your H-1B approval notice. The change of status will still take effect on October 1 as long as you are physically present in the United States, but the mismatched numbers can complicate driver’s license renewals and Social Security transactions, because the government’s SAVE system relies on the entry I-94. This can be cured by a trip outside the United States after October 1 and re-entry in H-1B status, or potentially through automatic revalidation for a trip of fewer than 30 days to Canada or Mexico.

Our recommendation is to avoid travel before October 1. If travel is unavoidable, obtain case-specific legal advice before making any plans.

Can I travel after October 1?

If your petition has been approved, you have not traveled since it was filed, and your change of status takes effect on October 1, then travel after that date will not, by itself, affect your H-1B status. However, you will need to apply for an H-1B visa stamp at a U.S. consulate abroad before returning, because your prior F-1 visa will no longer support entry in your new status. Given the current heightened scrutiny, limited appointment availability at some posts, increased 221(g) administrative processing, and elevated refusal rates, we continue to strongly recommend avoiding international travel unless absolutely necessary, particularly where visa stamping will be required.

What about the cap-gap extension?

For beneficiaries currently in F-1 status whose OPT or STEM OPT work authorization would otherwise expire before the H-1B start date, the timely filing of the change-of-status petition before the EAD expiration date automatically extends both F-1 status and OPT work authorization. Under the current rule, that cap-gap extension now runs through March 31, 2027 for this fiscal year, which is considerably longer than the historic October 1 cutoff. This relieves much of the pressure of a work-authorization gap if adjudication takes longer than expected.

Two cautions apply, however:

• Do not let the longer cap-gap tempt you to wait. Where it is available, we continue to recommend premium processing to secure approval as early as possible, before any further policy change, regulatory shift, or change in adjudication trends can affect the approvability of your petition. In a fast-moving environment, an approved petition in hand is the most durable protection you can have, and the extended cap-gap is a cushion, not a reason to delay.
• Cap-gap does not authorize travel. Departing the United States before October 1, whether or not the petition is approved, voids the cap-gap extension and forecloses re-entry in F-1 status. You cannot re-enter on the basis of cap-gap alone.

Additional tips for this filing season

• Tell your employer and attorney about any travel plans before the petition is filed and throughout the period it is pending, so that appropriate preparations can be made in advance.
• Maintain your F-1/OPT status meticulously. Under the fee proclamation, falling out of status and having to depart in order to “cure” the problem abroad is now extraordinarily expensive. Avoid unauthorized gaps in employment, keep your SEVIS record clean, and track your OPT/STEM OPT unemployment limits.
• Keep your documents current and accessible: your I-20 (with the cap-gap annotation once issued), EAD, all I-797 notices, diploma and transcripts, and pay records.
• File any STEM OPT extension on time, if you are eligible, to maximize your cushion of work authorization independent of cap-gap.
• If travel is truly unavoidable, do not rely on general guidance. Seek case-specific legal advice, ideally before you book, because the right answer depends heavily on your individual facts and the consular post involved.
• Stay alert to developments. The proclamation faces active litigation and agency guidance continues to evolve. The rules in effect today may change, and timing decisions should account for that uncertainty.

Traveling internationally before October 1 can have serious and, in the current environment, very costly consequences for a cap-subject H-1B beneficiary’s status and the timing of their return. The safest course this season is to remain in the United States, file as a change of status, pursue premium processing where available, and coordinate closely with your employer and attorney before making any travel plans.

By: Rebecca Chen

Rebecca Chen is a Partner at Reddy Neumann Brown P.C. Her representation includes advising clients throughout the non-immigrant and immigrant visa application process, from initial filing, responding to various requests for evidence, and processing at overseas consulates. Her years of experience in the immigration field have made her a knowledgeable resource for complex business immigration matters.