Returning to US

rramanath

New Member
Hello,

Allow me to explain my situation/status first. i am currently on an F1 visa (expiring 1/13/2008) running on my associated OPT (expiring 7/28/2004). In the duration of my OPT, i have been working for a university as a post doctoral researcher (teaching classes and doing research) and plan to continue at least through March of next year.

However, we could not (for a variety of reasons) process my H1 in time for the existing quota cap. Clearly i cannot continue to work (on payroll) come 7/29/2004. Assuming that we can file for the H1 come 4/1/2004, and the authorization come in October 2004, will i be out of status for those two months?

My second question arises from a the need to visit India in early July, returning 7/14/2004. Would i be allowed back into the US with 14 days remaining on the OPT? If so, what kind of documents do i need to take with me to strengthen my case to re-enter the US?

Thanks a lot in advance.

Sincerely,
rramanath
 
Originally posted by rramanath
Hello,

Allow me to explain my situation/status first. i am currently on an F1 visa (expiring 1/13/2008) running on my associated OPT (expiring 7/28/2004). In the duration of my OPT, i have been working for a university as a post doctoral researcher (teaching classes and doing research) and plan to continue at least through March of next year.

However, we could not (for a variety of reasons) process my H1 in time for the existing quota cap. Clearly i cannot continue to work (on payroll) come 7/29/2004. Assuming that we can file for the H1 come 4/1/2004, and the authorization come in October 2004, will i be out of status for those two months?

++++++++++++++++Alreday answered.

My second question arises from a the need to visit India in early July, returning 7/14/2004. Would i be allowed back into the US with 14 days remaining on the OPT? If so, what kind of documents do i need to take with me to strengthen my case to re-enter the US?

+++++++++++++++++++This one is hard to answer. There is no law that stops you from entering. if you have prrof of continuous practical training and of continuing that after coming back in, you should be allowed back in. But avoid travel if you can.



Thanks a lot in advance.

Sincerely,
rramanath
 
Originally posted by rramanath
Hello,

Allow me to explain my situation/status first. i am currently on an F1 visa (expiring 1/13/2008) running on my associated OPT (expiring 7/28/2004). In the duration of my OPT, i have been working for a university as a post doctoral researcher (teaching classes and doing research) and plan to continue at least through March of next year.

However, we could not (for a variety of reasons) process my H1 in time for the existing quota cap. Clearly i cannot continue to work (on payroll) come 7/29/2004. Assuming that we can file for the H1 come 4/1/2004, and the authorization come in October 2004, will i be out of status for those two months?

++++++++++++++++Alreday answered.

My second question arises from a the need to visit India in early July, returning 7/14/2004. Would i be allowed back into the US with 14 days remaining on the OPT? If so, what kind of documents do i need to take with me to strengthen my case to re-enter the US?

+++++++++++++++++++This one is hard to answer. There is no law that stops you from entering. if you have prrof of continuous practical training and of continuing that after coming back in, you should be allowed back in. But avoid travel if you can.



Thanks a lot in advance.

Sincerely,
rramanath
 
Many thanks for your prompt reply.

With regards logistics, given that the travel in July is "mandatory" would it be better for my employer to start processing after i return or should my employer start processing my H1b come April?

Thanks again for your replies.

Sincerely,
rramanath
 
Originally posted by rramanath
Many thanks for your prompt reply.

With regards logistics, given that the travel in July is "mandatory" would it be better for my employer to start processing after i return or should my employer start processing my H1b come April?

Thanks again for your replies.

Sincerely,
rramanath

Im my opinion, apply before you go.
 
H1B returning to India

Hi

I have been on H1B for 4 years and would like to return to India. GC not filed. If I want to work again in the USA after 3 years, will I need to reapply for H1 ( against quota) or will my current H1 LIN number suffice?
 
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