Pl let me know if I am doomed!!

S

shyam_pawar

Registered Users (C)
Hello Guys,

If you got a minute, can you pl go through my post and let me know your opinions/advise.

I came to USA in Aug 1999 on a F-1 visa. My F-1 visa was valid / stamped till May 2001. I graduated in May 2001 and was on OPT till Jun 2002. While on OPT I did not have much income. I got my H-1 visa in Aug 2002, and started working full-time on H-1 visa in Sep 2002. I have never been to India since I came here in Aug 1999. I am planning to go to India in next month or so and get my H-1 visa stamped in Mumbai.

Does anybody know of similar case. Or any advise on the documents or possible questions. What are the chances that my visa will get stamped. Any and all help is appreciated.

Thanks.
 
Chances of getting the visa is high. Since you got H1 within 90 days of OPT expiry I dont see any problem.
Canada might also be a safer bet.
 
I believe it also depends on when you applied for H1B. If you applied before your OPT expired - you are fineand considered in status AS LONG AS YOU DID NOT WORK AFTER OPT EXPIRY and BEFORE H1 APPROVAL. I would have been in similar position when I had my first H1 and was told this above reasoning my company's immigration dept. Enquire with an immig. attorney just to be safe.

hope this helps..
 
dude,
everything looks good in ur case except the thing that you did not have a valid visa stamp from May 2001(after ur F1 expired) to Aug 2002 (the date u got ur H1). Now I am not sure if u were in status during that period. coz I know a friend who was on OPT and his F1 was expiring. He went to Mexico and got it stamped ( i.e. F1 extension)..Hence u need to get some advice with regards to this particular issue, rather check if its a valid issue..I guess it is!!
 
abhijik,

FYI You dont need to have a visa stamped in PP if you are already here. Visa is required only for entering the country. Your legal stay is determined by I-94 and NOT BY VISA. You can stay here if your visa is expired but you need to have a valid i-94(thru COS or extension)

shyam_pawar,

I dont think you have a problem getting visa stamped. You can consider Canada or Mexico to get your visa stamped.
 
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