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

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

Posted

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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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6 lawyers agree

Posted

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, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

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5 lawyers agree

Posted

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 email-fadi@visaplace.com.This answer does not establish an attorney client relationship.

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2 lawyers agree

Posted

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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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