H-1B - Earliest Date to Enter the US and ...

[sls]

Hi, I applied for H-1B on April 1, 2008, and I got my approval letter with an I-94 attached to it, which is valid from 10/01/2008 to 10/01/2011. Currently I am on OPT. My F-1 visa expired almost 4-5 months ago, but my OPT is valid till end of November 2008. I may have to travel sometimes in July/August. While I will be outside of the US, if I get my H-1B visa stamped, can I re-enter the US before September 21, 2008, or do I have to follow the 10 days entry rule?

I also have a question regarding one of my friends I-129 petition. His case is in pending status. He got his BS degree from the US and he is working as a programmer for a reputable company. He has an average GPA, but there are quite a few failing grades and repeats on his transcript. His attorney didn't send his transcript to USCIS. They only sent his diploma. What are the chances that USCIS may ask for his transcript? Moreover, if USCIS asks for his transcript, is there any chance that they may reject his application due to the fact that he has few failing grades and repeats on his transcript?

Any advice would be very much appreciated. Thanks in advance!

[DMX17]

One can only enter on H1 status 10 days before H1 start date. Your status changes on Oct 1st and OPT is no longer valid after Oct 1st. So if you leave in Aug, you cannot come back in Aug on F1 status unless you go for an F1 visa. Sept 21 st is the earliest you will be able to enter on H1.

Your friend's failing grades are ok as long as he/she was awarded the degree. A BS degree is all that matters.