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Immigration Issues/H1B Denial and entry on F1 visa

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Question
Hello Ajay,

I had applied for H1B visa with USCIS during my OPT period, which expires after five months from now. I had to travel to India for my marriage while my H1B application was in process.

While I am in India (current location), I came to know that USCIS denied my H1B application. Can I return to US on my OPT status? Can the immigration officer at US disallow me to enter on the basis of establishing my intent to work in the US? If so, what would be my argument/other options?

Thanks in advance.

Answer
Hi,

You can enter on your existing F1 status if you have unexpired F1 visa stamp in your passport. The H1B petition filing (and subsequent denial) should not have a negative impact on entry in F1 visa status, as the H1B visa category is a nonimmigrant visa and the filing of an H1B petition  does not establish an intent to immigrate to the U.S.

You should be prepared to provide evidence that you have maintained your F1 status during your stay in the U.S. such as all I-20's, OPT card, college transcript, evidence that you were in training with a company on OPT after graduation and plan on continuing on OPT upon entry to the U.S.

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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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