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Immigration Issues/H1B Approved & COS Denied

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Question
Dear Sir,
I am currently on OPT Extension which is valid until 01/11/2011. I recently applied for H1. I got an approval notice saying that my H1 is approved (valid from 10/1/2010 to 9/9/2013 but my COS was denied as I went to India while my application was pending. It was also suggested in the notice that I should go out of the country, stamp the visa and come back. I am planning to go to India in november/December 2010. My question is, will I be out-of-status on and from 10/1/2010 as the H1 is valid from 10/1/2010? Or I'll be in F1-OPT status? Please let me know.
Thanks in advance,

Sincerely,

Surya Chakravorty  

Answer
Hi,

Since the H1B approval notice (Form I-797) states that change of status (COS) was not granted, you will continue to remain legally in F1 (OPT) status until Jan. 11, 2011.

In order to activate H1B status, you must depart the U.S. and obtain H1B visa stamp from a U.S. Consulate abroad (normally in your home country). When you enter the U.S., you will be in H1B status.

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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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