Immigration Issues/F1 to H1B

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Question
I am currently completing my doctoral program and have obtained employment. Since I did not want to risk having a gap between OPT end date and H1B start date, my employer has agreed to start me on Oct2nd 2006. I have now applied for OPT with that start date, and my employer is also currently applying for a H1B with that start date. I will be defending my PhD sometime in August. Will early approval of the H1B affect my ability to remain in F1 and finish my defense. Will it affect my ability to obtain OPT and the EAD card. If I get H1B approval, do I have to get it stamped if I plan to travel outside the country?

Thanks for your help.


Answer
Hi VK,

You can hold only one status in the U.S., and if the H-1B is approved, it will have an effective start date of Oct. 02. There will be an I-94 attached to the bottom of the H-1B approval notice, and you will therefore automatically be in H-1B status (and no longer in F-1 status) as of October 02.

If you travel outside the U.S., you must apply for an H-1B visa at a U.S. Consulate abroad (based on H-1B approval by the USCIS) before you can enter the U.S.

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

Immigration Issues

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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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