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Immigration Issues/F-1 to H-1B and travel

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Question
Hello Sir

I will be graduating with my masters on aug 31st 2006. I have a job offer and my company has applied for my H-1B visa to start from 1st Oct 2006. I am planning to travel to India from 26th July to 23rd august. Since the application of my H-1B is already in progress, will there be any problems while re-entering the US.

Thanks,
Tahir Khan

Answer
Hi,

I do not recommend traveling while H-1B is pending. If you try to enter on your F-1 visa on 23 Aug., you may be denied entry into the U.S. since you must show "nonimmigrant intent" each time you enter.

Hopefully your H-1B will be approved by the time you travel abroad so that you can apply for H-1B visa at a U.S. Consulate in your home country. Alternatively, you can request that your H-1B petition be converted to premium processing so that approval takes place within 2 weeks of conversion (by paying additional filing fee of $1,000 to USCIS) which will similarly allow you to apply for H-1B visa at a U.S. Consulate abroad.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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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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