Legal Question in Immigration Law in New York

I am on F1 visa. currently in my OPT which ends in october 2013. My employer applied for H1b this year. We have not heard any new from USCIS. I want to travel to India on 24 th June,2013 and come back on 16 june 2013. If I leave and my case is accepted will it be an issue for me to re enter USA?

Asked on 5/17/13, 9:18 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

There will be no issue, since, even if your H-1B is approved, you will not officially change status until October 1, 2013. Therefore, any travel prior to that date can and should be done using your F-1 visa.

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Answered on 5/17/13, 9:20 am

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