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.
If you are on GAP CAP you could. Otherwise, you need to have an H1B visa.
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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, firstname.lastname@example.org, 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.
Talk to your H-1B petitioning company's counsel and seek his advise.
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