Immigration Issues/H1b issue

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Question
I was on OPT from Feb1,2007 till Jan31,2008. I started working for a company and they filed my H1B. I travelled to India on Oct18, 2007 while my H1B was still pending. I returned to US on nov8, 2007. They did not ask anything at the por of entry , just wrote F1/D/S on my I94. The back side was left blank and no number was written on my I94.

On Nov9,2007 my compnay people told me that  my H1B was approved with COS and the start date was Oct25, 2007. They also told me that I could continue working on H1B status and could stamp the visa on my next travel. I am trying to transfer my visa to another company, they are saying that I have to do a change of status to h1b again before the end of my F1 grace period or go out and stamp it immediately, otherwise I will be out of status. I am confused, which one is true? Please advise.

Answer
Hi Hari,

Since the latest action by the USCIS (I-94 issuance) is for F-1, you are currently in F-1 status. Therefore, in order for H-1B status to be activated, you must depart the U.S. and enter on H-1B visa stamp, which will be issued by a U.S. Consulate abroad.

When you enter the U.S. on H-1B visa status, you can work for Co. A.

Co. B can also file H-1B petition for you requesting extension of H-1B status through a new company.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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