**IMP** If H1-B stamping denied, can i renter on valid F1

[mukulseth]

Hi,

I came to US on a F-1 visa and then joined a company with my OPT. My OPT expires 08/31/2002 and my F-1 visa expires in 2003.

I got my H1-B approved in March 2002. Now i am going to Canada to get my H1-B stamped on my passport. My questions is:
If the stamping on my passport gets rejected can i renenter the US on
a) a valid F-1 &
b) a valid EAD &
c) an I-20 which is recently verified by the school

Thanks in advance and please replay fast if you can. This is very urgent for me.

Thanks,
Mukul

 

[Raj1994]

I dont know the answer to your question, but I'll put forward my thoughts, and raise some issues and hopefully someone who is more knowledgeable would reply.

First, one would need to know your present status. Are you still on F1, or have you changed to H1? Even though your H1 has been approved, your starting date as per LCA might be the day after your OPT expires, in which case you are still on F1. In that case, technically you could re-enter on F1 before the OPT expires. But the INS at the port of entry might ask how long you intend to stay and I am not sure what answer you should give. If you have changed your status to H1, then you cannot reenter with your old F1 visa stamp.

I am also not sure when exactly you could re-enter. Say your H1 visa is stamped, what validity dates will be specified on the visa? Would it be Sept 1 onwards (if you have not already chnged your status), or would it be from the day you get your visa (e.g Aug 21 onwards, if you get your visa on Aug 21). In the latter case can you reenter on H1 before Sept 1? If so, you cannot work between Aug 22 until Sept 1, as your OPT is no longer valid(OPT is always tied to your F1 status)?


BTW, it is unlikely your H1 will be denied, unless you had been out of status at some earlier point.

Also note that the April 1 INS ruling regarding changes to automatic rextension of visa validity is not applicable to your case, as your F1 visa has not expired.

 

[jaxen]

Basically

the h1 approval superceded the f1 and OPT status. If visa stamping is rejected you cannot enter US.

However if you have all the documentation and yr degree is from US, rejection of h1 is minimal ...

From the date of approval or effective date given in the h1 approval, you are on h1...

 

[anandc]

A deviation on the same problem

hi,
I have similar concern. I got my H1 approval on 12th May 2002. I lost my passport in Sept 2001. I have a replacement 1 year passport and the validity for that has been extended for 10 more years now, so it's current. I was on OPT when i lost my passport. I had my I-20, my OPT work permit with me. Was I ever out of status just because i didn't have my passport and I-94 ? Is it a risk if i go to India to get my H1 stamping done ? Is there a increased probablitity of getting stamping rejection because i lost my passport and lived here for about 3-4 months without a passport ?
thnx
anand