Enter US on F1/OPT after H1B approved

[hetajangla]

Hi,

I wanted to know if I can re-enter the US on my F1 visa/OPT even though my H1B petition is approved and it is past October 1st. Here is some background:

- I graduated in May, started OPT in July, and started work in August

- I applied for my H1B and had it approved by the Consular Method in September 2012

- I had my consular appointment on Nov 26th in New Delhi - I was told that my visa was approved

- I got my passport back today (11/30) with a 221(g), and without the visa stamp, requesting me to obtain a new passport and drop it at the OFC to get stamped (potentially due to slight damage on the passport)

I have a flight for 12/02 and want to know whether:

1. I am allowed to enter on F1 status (valid till July 2013) with OPT (valid till May 2013) with my i20, offer letter, EAD etc.

2. I need to cancel my current consular appointment and reschedule one a later date OR whether I can proceed with the current 221(g) request on a later travel trip to India

3. Attempting travel on F1 will have negative repercussions on any future consular appointments

Thank you!

[pontevecchio]

Assuming the OPT and H1 employers are the same talk to them and postpone your trip till you get the visa.

[rahul412]

Hi,

I wanted to know if I can re-enter the US on my F1 visa/OPT even though my H1B petition is approved and it is past October 1st. Here is some background:

- I graduated in May, started OPT in July, and started work in August

- I applied for my H1B and had it approved by the Consular Method in September 2012

- I had my consular appointment on Nov 26th in New Delhi - I was told that my visa was approved

- I got my passport back today (11/30) with a 221(g), and without the visa stamp, requesting me to obtain a new passport and drop it at the OFC to get stamped (potentially due to slight damage on the passport)

I have a flight for 12/02 and want to know whether:

1. I am allowed to enter on F1 status (valid till July 2013) with OPT (valid till May 2013) with my i20, offer letter, EAD etc.

2. I need to cancel my current consular appointment and reschedule one a later date OR whether I can proceed with the current 221(g) request on a later travel trip to India

3. Attempting travel on F1 will have negative repercussions on any future consular appointments

Thank you!

Is your F1 visa still valid ? Usually, when you attend for H1 interview your F1 will be cancelled and H1 will be issued.

[Attorney_10]

The facts of your case are complex. Please schedule a consultation with a qualified immigration attorney to discuss the specific issues relating to your case and the options that may be available to you.

[t75]

You have an issue with the condition of your passport. You can be denied entry based on that. Postpone your trip and get a new one for the safest travel.