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Risk in entering with H1 Visa

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  • Risk in entering with H1 Visa

    Hi, I completed my masters in computer science May 2014. I have a job with a good firm in Seattle. Unfortunately my EAD got denied because of some error in application (Denial letter says I applied for pre OPT instead of post OPT) Luckily, my H1 was filed and got approved but it can only start from Oct 1st. USCIS has extended my stay in US on F1 status till Sept 30th therefore I can legally stay in US.
    However, I was wondering if I could visit India for a month from Aug 20th - Oct 1st. I am not sure if there will be any kind of risk in leaving US and getting my H1 stamped in India successfully. Any light on this issue would be really helpful.
    Thanks.

  • #2
    As you likely know that if you leave US, your extended F1 stay will not have any meaning any more.
    To re enter you will have to get an H-1b stamp in India. If your H-1 company is sound , I do not think
    why you should have problems with the stamping. the only thing is you can get caught up in 221g admin processing which can take unpredictable time.

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