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Immigration Issues/H1 Visa stamping after OPT expiration

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Question
Hi. The company I am currently working for applied for my H1-B visa in april 2007. The petition got approved and I have all the required documents. However, my OPT expires on feb 14th, 2008 and I have not been able to go to a consulate in mexico/canada/my home country. Do I need to get my visa stamped before the expiration of my OPT or is it ok for me to get it stamped when I go to my home country in September 2008? Please let me know. Thanks.

Answer
Sai,
Since I do not have the date when the H-1B becomes effective, I am stating a general rule.

1) You are no longer in F-1(OPT) from the start date on your H approval.

2) You do not need to have an H-1B visa stamped on your passport to continue working on H-1B provided the H-1B was applied as a change of status.

These two rules should answer your questions.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com  

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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