Immigration Issues/Cap-gap interim rule

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Question
Hi, I applied for an H1B and the decision is pending. I am currently working on my OPT, but it's expiring in 3 days. I already made travel arrangements to leave the US. If I do so, and my H1B is approved, will I be able to come back before October 1st, using the EXTENDED F1 status? Would you recommend not to leave at all? Thanks!

Answer
Vienna,
I also need you to take a look at the latest information released by the USCIS. It states that your F-1 OPT will be extended automatically if you have an H-1B is filed. However  the automatic extension is terminated if the H is denied or not selected.

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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