Immigration Issues/OPT, F1 doubts



May be I am asking questions which you have answered before. But I didnt get exactly what I was looking for. Please answer my following questions.

1. My OPT is valid from May 2007 to May 2008. I have applied for H1 April 2007. Case status is pending. What happens to my OPT once I get my H1? Is my OPT still good thru April 2007? Incase if I dont want/dont get the current H1, can I apply for another next April?

2. One of my friends F1 visa expires Dec 2008 and She wishes to have her OPT starting Jan 2009. Can she stay in USA with expired F1 but with valid OPT?

3. Another question I have, What happens to my F1 once I get H1? Will it be cancelled? What if I wish to study after sometime I work in H1?

Sir, kindly clear my doubts. Thanks a bunch.


Rajiv: Answers to your questions are 1) If you get your H-1B approved your OPT becomes invalid. If you do not want to obtain your H visa at this time, you need to withdraw it before a decision is made. Once you receive your H approval you cannot go back to F without applying for a change of status. There is no automatic switching from H to F to H etc...
2) Visa is used to enter the country, so as long as your friend continues to maintain status, she is authorized to stay in the US.
3) If you wish to study after your H you need to apply for a change of status to F
Hope this answers your questions.
Ramasamy Krishnan
Attorney at Law
Ashley & Krishnan
9801 Westheimer, Suite 302
Houston, TX 77042

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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