h1b in process under 221g, can I go back on OPT

[lostpacket]

Hi,

I was on OPT in US in 2010 and my OPT card is valid upto September 2011.
My employer filed H1b for me got approval. My h1b started from October 2010.

I came to India in May 2011 for stamping and got stuck due to frustrating administrative processing. I was looking for options to go back and thought since my OPT is still valid and I am working for the same employer and my F1 visa is still valid, can I go back on OPT and resume my work while 221g is in process.

With this doubt initially I emailed [email protected] and they said OK. I inquired them with more questions then they said CBP has the sole jurisdiction on it. I called CBP and they said with valid EAD (OPT) card, valid F1 visa and a job offer, you can come to US.

I need advice. I have sent email to the New Delhi embassy giving the above details and asking for the permission.

Can I go on OPT ? Please let me know.

Thanks
lostpacket

[maxy_14in]

Hello,

I'm also having a valid OPT. But when we get approved a H1B the transformation of status from F1 to H1 happens so the validity of OPT would be voided.

If any1 wants to re-enter as a student should have an approved I-20 from the University, as seeking permission for vacation mentioned a return date on it. Please senior members comment on the post ... as i'm also struck here with the 221(G) :-(

I wouldn't try to fly on OPT as the validity is only cpl of days left its geting expired on 19 this mnth anywayz ...

[lostpacket]

On page 3 of the I20, you need to have signature of the school official not older than 1 year. This is what I am missing.
I didn't know I will end up in this situation so didn't get the signature before coming to India.
But CBP officials didn't mention anything about I20. Its going to be a risk to go on OPT but at least I will end up going back to my apartment, vacate it , sell my car, come back here in a graceful way.
I am in fear of H1b rejection. I will at least get a chance to step in US to do remaining work.

[maxy_14in]

hey consult your attorney initially and student adviser (dn't mention tht ur on H1B) guess tht helps you ask what if the i-20 dsnt have a recent sign. But i'm afraid that helps you becoz the SEVIS will be updated by the Univ that the student is employed. My friend please be patient dn't take any step without proper consulting. I have been waiting from Feb after intrw actually submitted my docs in May, dn't loose hope.

One of the consultant i know was desperate to get back USA, he was 221(G) he applied for MBA as student and attended for an interview on F1. Conslar rejected the visa stating the education wasn't the higher standard what he already posses.