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Best way to maintain H1 visa status while staying in home country for a long period

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  • Best way to maintain H1 visa status while staying in home country for a long period

    I am an international student(MBA) and I graduated this May. I got my H1 approved this year too. I am planning to return to my home country and I have a few questions regarding H1b visa stamping.

    My situation right now is I have my OPT from Aug 08 to Sep 09. My H1b got approved in this year's lottery through a consultant but I havent been working and no payroll has been generated till date. I am going to my home country this month. My concern is to maintain H1 status so that I can return later. However I am uncertain as to when I will return. Hence my question is what is the best way to deal with this issue.

    Some of the possibilities/questions I have are:
    1) Once I get my H1 stamped in my home country, How long can I stay my home country before returning to US without having my visa revoked/canceled or any other issues.
    2) Once I get back to US, is there a minimum period I should reside here before getting back to my home country again.
    3) If the US consulate in my home country rejects my H1(no stamping), can I come back to US on OPT(if I have an offer letter). Basically is my OPT still valid or is it void the moment my H1 is approved.
    4) Is it advisable to get my H1 revoked and go for stamping later through a different employer. (Is this a better option that the previous options)
    5) Please suggest me any other option which which would be ideal to maintain my status.

    Thanks in advance

  • #2
    Please read about H1 on immihelp. I am sure the number of questions will go down. All questions are H1 101.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

    Comment


    • #3
      The word "status" is applicable only when one is in the US.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        If you also applied for COS with H1B (as you must have) you should have got a new I-94 which shows your status as H1, which means you are no longer F1. To enter as an F1 on OPT you must have a valid F1 visa. I don't know if the consular officer will cancel your F1 also while rejecting H1 (if they do that)
        If you are not getting paid from Oct1 you are already out of status I guess, seek legal help immediately.

        Originally posted by priti1384
        I am an international student(MBA) and I graduated this May. I got my H1 approved this year too. I am planning to return to my home country and I have a few questions regarding H1b visa stamping.

        My situation right now is I have my OPT from Aug 08 to Sep 09. My H1b got approved in this year's lottery through a consultant but I havent been working and no payroll has been generated till date. I am going to my home country this month. My concern is to maintain H1 status so that I can return later. However I am uncertain as to when I will return. Hence my question is what is the best way to deal with this issue.

        Some of the possibilities/questions I have are:
        1) Once I get my H1 stamped in my home country, How long can I stay my home country before returning to US without having my visa revoked/canceled or any other issues.
        2) Once I get back to US, is there a minimum period I should reside here before getting back to my home country again.
        3) If the US consulate in my home country rejects my H1(no stamping), can I come back to US on OPT(if I have an offer letter). Basically is my OPT still valid or is it void the moment my H1 is approved.
        4) Is it advisable to get my H1 revoked and go for stamping later through a different employer. (Is this a better option that the previous options)
        5) Please suggest me any other option which which would be ideal to maintain my status.

        Thanks in advance
        This is my opinion and not legal advice.

        Comment

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