Re-entry to US

[Resh1208]

Hi,

Can anyone please offer me guidance on this?
My OPT expires on 29th June 07, and my company will be applying for my H1B, with a start date f 1 Oct 07. I will be leaving the country in August planning to return by 27th Sept. I have a few questions:
1) Is it true that I can remain in the US for 60 days after my OPT expires?
2) Can I enter the US before 1 Oct when my H1B starts?
3) If I cannot enter on my H1B before 1 Oct, I have a 10-yr visitors visa, would I be able to re-enter the US on that visa?
4) What documentation is required when getting the H1B stamp in your home country? Do I need to furnish any further information?

Your assistance would be most appreciated.
Thank you.

 

[BitterMan]

Resh1208,

2) Can I enter the US before 1 Oct when my H1B starts?

Depends. If your H1B validity begins before October 1st, then you can enter the US on that exact date, but not before. If your H1B validity starts exactly on October 1st, then you may enter on October 1st using H1B visa.

3) If I cannot enter on my H1B before 1 Oct, I have a 10-yr visitors visa, would I be able to re-enter the US on that visa?

Yes, of course. As long as you don't have immigration intent, you can enter using your guest visa. You won't be able to work, though. Why? Your status will be that of a visitor, of course, and this status does not convey a privilege to work and receive compensation.

The thing is that you would be able to file for a change of status while in the States, but that could be a lengthy process, and you won't be able to work in the meanwhile.

 

[Resh1208]

Thank you Bitterman!

Thank you Bitterman!

 

[GotPR?]

1) yes.
2) The law allows you to enter the US with H1 stamp 10 days prior to H1 start date. If your start date is Oct 1, you can enter the US anytime after Sep 20.