AnkushGera
Registered Users (C)
Please HelpCurrent status: F-1 with OPT card valid until August 2005 an I-20 valid until May 2005(Residing in US and graduated in June 2004)
Future status: H-1 has been approved in US with dates March 2005 - March 2008
Question: I'm planning on traveling to India in February 2005 with all the approval paperwork for H-1 (797, LCA etc.) to get my passport stamped. Issue is that while there shouldn't be any problem with getting the H-1 stamped on my passport, my re-entry will still be as a student with a valid F-1 visa and a valid OPT card since I will be returning to the US prior to the actual start date on my H-1 (which is March 2005). If I return even the same day or one day after the actual start date for my H-1, then there is no problem. But due to personal reasons, I have to return in February.
Does anyone see any issues with this? Is there a possibility that my valid F-1 would be canceled once they stamp my H-1 which has been approved by the USCIS? In which case, I'll have to stay until the start date on my H-1 to return. My guess: Once I get the H-1 stamped, I will sill be allowed re-entry to the US as a student with a valid I-20, valid F-1 visa and a valid OPT card. ( The date on my I-20 says valid until May 2005, but I graduated in June 2004 ) Then whenever I leave the next time after this trip, let's say later on during the year, or next year - at that time I will re-enter on my H-1 visa.
Any issues again?? In one of the forums, somebody said that once your H-1 is approved, your F-1 is no longer valid! I don't quite think that's true --> I think my F-1 is valid presently since I'm on OPT, and my F-1 is no longer valid only AFTER the start date on my H-1 is reached.