Can I re-enter US on F1 visa with my H1B pending?

Asked about 1 year ago - Union City, CA

I have a valid F1 visa till 2015 but my OPT expired in June 2013. I had to travel urgently to my home country in August and now I am not sure whether I need to wait for my H1 decision or get H1 stamped to come back. Please advice.

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . If you are on GAP CAP you could. Otherwise, you need to have an H1B visa.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Wendy Rebecca Barlow

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with Attirney Segal. You could travel to the U.S. using your F-1 only if you are on gap cap. Otherwise, you must obtain an H-1B visa to re-enter.

    Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (... more
  3. Fadi N. Minawi

    Contributor Level 14

    2

    Lawyers agree

    Answered . If you already have any approved H-1B petition and your OPT was extended, its possible.

    Legal disclaimer: For specific advice on your case, Mr. Minawi can be reached at 1-866-929-0991 ext. 206 or by... more
  4. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    Answered . Talk to your H-1B petitioning company's counsel and seek his advise.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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