Can I reenter on my old F1 while H1b is under admin processing

[vivbravo]

Hello all,

I came to Ottawa for my first H1b stamping and have been given 221g blue form for admin processing.

The only document collected were my I797 form and employer letter. Its already been 3 weeks and I haven't received any mail from the consulate.

During my interview, VO said I may travel on my old I94 that is still valid till June 2013 as an OPT student on my F1 visa. I am wondering if reentering the states on F1 at such situation is advisable.

Can anyone suggest what will be the chances of entry on F1 status?

Is my F1 still considered valid, since my H1b was effective from Oct 2012?

Please note that my Opt is still valid till June 2013 and my H1 was done last year that is valid till 2015.

Regards,

Vivek

[Attorney_11]

The answer depends on factors not readily apparent. Generally, the automatic visa revalidation rule cannot be used if an individual applied for a visa while outside of the United States in a contiguous territory or adjacent island. Holding a valid visa may change the analysis. It is advisable to seek the counsel of a qualified and competent immigration attorney.