F-1/OPT to non immigrant visa

[lemmein]

Hello,

As an international student from New Zealand I recently completed study at a US university on an F-1 student visa and applied for OPT which was granted in July, 2013. I departed the US recently (during my OPT validity), meaning I am not allowed to re-enter the US as my F-1 visa has expired. My OPT is still valid until July 2014. After July I hope to try and return to the US on either an H or J visa to work and live for a few years.

I am trying to figure out how long I must wait until I can apply for an H or J visa after the expiry of my OPT based on a law that might state I have to spend a certain amount of time away from the US.

I am aware that for an individual trying to re-enter the US on consecutive ESTA there is no determined amount of time that one must be absent from the US between visits. However, the customs officer at a point of entry may determine that the frequency of an individual attempting entry with ESTA may be trying to live in the US on back-to-back ESTA's. Is this true in a case such as mine? F-1/OPT and then applying for J or H?

I will have been absent from the US for a total of 12 months when I wish to return.

Thanks for any help!

 

[newacct]

First of all, OPT is F-1 status. OPT is part of the F-1 program. Which means you currently have F-1 status. If your F-1 visa has expired you can simply go get a new F-1 visa. However, if you don't have a current job on OPT or job offer lined up, they will not issue you a visa or let you into the country.

There is no law that says you must have any certain amount of time away from the U.S. in general. ESTA is for visa waiver, which is irrelevant because you are getting a visa. You can apply for a visa at any time if you qualify.