OPT and H1b visa stamping plans

[sree6789]

Hi,

I am on OPT extension which is valid till Feb 2013 and my F1 visa valid till July 30 2012. Now my employer planning to apply for H1b visa in April 2012 and If H1b got approved, Can I go to stamping in May or June 2012?

What are consequences if H1b visa stamping got denied, can I return to U.S on existing valid F1 visa?

I would appreciate any suggestions.

Thanks,

Sree

[ashukla]

@sree- first of all your H1 will come into effect from Oct 1, so if you go for stamping in May or June then you will be allowed to come back on or after 20 september,

Once you leave the USA with approved H1b petition then COS is comes into the effect and your F1 visa will get nullify immediately so you can not use it any more untill unless you have a genuine proof to use it.

your F1 visa is also expiring in June 12, so certainly it would be problem for you to come back even on F1 status regardless of you have a valid OPT (OPT is your status, and visa is something which allows you to enter into the country)

I would suggest that if you have to visit india you can to do it right now (before the end of April), as your visa is also valid and you have the status too, or if not then simply file for H1 with the request of start date right next date (working day) of your OPT expiration.

[kumar_grr]

If ur H1 is approved it starts from Oct'12. If u go for stamping and it is successfull u can come back just one month before Oct. If it is rejected you can not come back on ur existing F1 visa since VO cancels privious visa.

I am not expert though.

[USADreams]

kumar_grr is right . I would suggest you to go while you are on F1. Although if you have all documentatin there is nothing to worry for h1 Stamping .