F1 to H1B - please help - urgent!

A

aditya_kelkar

New Member
Hi

I am currently on an F1 visa, with an OPT work authorization ending Jan 2005. My employer will be applying for my H1B this month. However, I need to go to India in August 2004 for my marriage (hence cannot be postponed).So, a couple of questions:
1) If I apply rite now, do I get an approval before Oct 1 2004 (say in case premium processing is done), or is all processing started and done after Oct 1 2004?
2) If processing is done after Oct 1 2004, is it OK fo rme to leave the US in August 2004, and come back September 2004, since I currently am on F1? Does the pending application affect this?
3) If I get approved before Oct 1, is it still ok for me to leave US in August 2004 and come back on my F1 status?
This is extremely urgent.
Please let me know,
Regards
Aditya
 
Aditya,

I think (not sure) abt. the prospects of re-entry on F-1 while on OPT. The reason I say is that your goals of F-1 are completed (graduation) and OPT is only a fringe benefit. Since F-1 is non-immigrant intent and if your school work (having finished) will not be impacted by rejecting re-entry, you should full force justification as to why you should be granted re-entry at the POE (assuming that your multiple entry F-1 is valid and your I-91 has D/S).

If you can get letter from your advisor/Dept. Head indicating that vital portions of your thesis is pending which is a clear requirement of graduation would be great supporting evidence as to why you should re-enter. If this is a project w/ some company, ask your company contact to write something to similar effect on his/her company stationary.

Consult with your DSO assuming that she/he is friendly and provides positive feedback/response.

Also, explain to your company's immigration atorney and request advise. But be sure to do it in a delicate way (without the expression of anxiety/fear) so that your prospective employer is not scared away by your visa situation.

Good Luck
 
Hi 7280!

I have already travelled to india once after my graduation (before my OPT began), so I dont think that should be an issue.
Also, if I apply for H1 rite now, is it possible for me to specify a date later than Oct 1 for my H1 to become effective??
My OPT is valid till Jan 30 2005, and hence I want to make full use of this given opportunity (in terms of taxes). So if I apply for H1 rite now with a date of effect, say, 1 Jan 2005, will it be an issue in getting the approval? Also, does this date affect the order of processing, or is it solely based on the date the application is received?
Please let me know
Thank you
Regards
Aditya
 
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