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  • H1B Visa Stamping backup plan

    Hi everyone,

    I apologize if such a question has already been asked. I finished my Masters from the US and started working on OPT. I had applied for the 1 year OPT which is valid till mid June 2012. My employer applied for my H-1B after i started working and it got approved in Jan 2012. My H1B petition was against the FY 2012 qouta hence my COS was effective from Jan 2012.

    I am now visiting India and have booked a Visa interview in mid April 2012 to get my H-1B stamped. I was wondering that in case i have some problems and I get a Visa Rejection or a 221g can i return back on my F-1 Visa? My F-1 Visa stamped on my passport is valid till 2014 and my OPT is valid till June 2012. So is it that once COS happens OPT is invalid or that once i leave the country i cannot return on my F-1 even though my OPT is still valid?

    Any one has any idea as to whether such an approach has any problems? Your views will be deeply appreciated.

    Thanks,
    -TS
    Last edited by thestig; 04-01-2012, 10:35 PM.

  • #2
    After change of status to H1, your F1 status and OPT have ended. You cannot use the same F1 Visa to return to US.
    This is my opinion and not legal advice.

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    • #3
      Thanks kabkaba for the reply.
      Lets see how the interview goes.

      Thanks,
      -TS

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