Immigration Issues/H-1B

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Question
Hi Ajay,

This is Sandra. I appreciate any advise I can get from you. I recently graduated from a graduate school on 05/2005. The followings are my situations:

1. I got a job offer before I graduated and my employer applied the H-1B for me. The lawyer got my approval notice on 04/15/2005 and the effective date is 10/01/2005. Yet, when the lawyer sent it to me, I didn't receive it. I lost it. But, the lawyer is going to apply for a duplicate one for me later.

2. I applied for the OPT and got my EAD on 06/01/2005 and the effective date is 06/30/2005. It will expire on 06/29/2006.

In addition, I went back to my country before I got my EAD(pending at that time) on 04/19/2005 but after I lost the approval notice. However, my advisor sent me my EAD and I received it on 06/01/2005. Thus, I was able to use the EAD and traveled back here on 06/20/2005 using my F-1 visa-OPT.

Now I have a question, I am a F-1 status now, but do I automatically change to a H-1B status on 10/01/2005? Or my H-1B won't be "activate" until I get the visa stamp in my country? (I am planning to go back after 04/15/2006)

Thank you for your attention and help.

Regards,

Sandra


Answer
Hi Sandra,

If the H-1B approval notice has a I-94 attached to the bottom, which means that you were granted "change of status" to H-1B, then you will automatically be in H-1B status on October 01, 2005 and will therefore not have to travel to your country and enter on H-1B visa status in order to be in valid H-1B status.

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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