AnkushGera
Registered Users (C)
Please Help
Current status: F-1 with OPT card valid until August 2005 (Residing in US)
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 F-1 visa and a valid OPT card. ( The I-20 is no longer valid since I graduated this August. ) Then whenever I leave let's say later on during the year, or next year - at that time I will re-enter on my H-1 visa.
I read on one of the forums that your F-1 status is lost once your H-1 is approved. If that is true (which I don't think it is)?? My belief is that my F-1 status is valid until the start date on my H-1, and from thereon my F-1 status is no longer valid.
Current status: F-1 with OPT card valid until August 2005 (Residing in US)
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 F-1 visa and a valid OPT card. ( The I-20 is no longer valid since I graduated this August. ) Then whenever I leave let's say later on during the year, or next year - at that time I will re-enter on my H-1 visa.
I read on one of the forums that your F-1 status is lost once your H-1 is approved. If that is true (which I don't think it is)?? My belief is that my F-1 status is valid until the start date on my H-1, and from thereon my F-1 status is no longer valid.