Immigration Issues/H1B or OPT

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Question
I am currently on my OPT (till Jan 2, 2009) and have got my H1B approved (without the Change of status approval starting on October 1, 2008). I wanted to clarify the two scenario's in this case:

1. I go for my VISA stamping and get my H1B stamping approved. In this case can I return on my OPT status ASAP instead of waiting for 21st September (10 days before H1B becomes effective) ?

2. I go for my VISA stamping and my H1B is denied. Can I return to US on my OPT anyways ?


Answer
Sahil,
1) Re-entering the US on OPT with H-1B visa stamped would require you to leave the country and reenter again on H to start employment as a H visa holder in October.
2) You can reenter on OPT provided you are continuing to be employed in your field of study.

I would advice you against trying to enter on OPT for this short period as the officer at the POE may give you trouble.

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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