Muhammad Patel
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Muhammad Patel reacted to a post in a topic:
Travel on OPT, H1B Approved
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Muhammad Patel reacted to a post in a topic:
Travel on OPT, H1B Approved
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This is quite interesting, I had no idea about it so thank you for bringing it up, really appreciate it. Postponing until after H1B is activated isn't an option unfortunately in the sense that I either go and come back before I start work in the next month or not go until next year at the earliest... I could still be wrong but it seems like there is not a guarantee that I would be allowed entry under my F status which makes a difficult situation
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Muhammad Patel reacted to a post in a topic:
Travel on OPT, H1B Approved
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Thank you so much for the information and your advice! This is basically what I got out my lawyers. Could another response not be something along the lines of: "So you could have immigrant intent" (denies entry)? Since H1B is dual intent, could I not end up having to convince them that I am using H1B for its nonimmigrant side? It seems like it's a bit of a grey area and I agree that I would rather avoid the risk of CBP... Do you know what would happen if I was denied entry under my F1? Would I have to change my H1B petition to consular processing, go through the interview process, get an H1B stamp, and then return on H1B or is there an easier way?
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Muhammad Patel reacted to a post in a topic:
Travel on OPT, H1B Approved
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Thank you for the information! I was under the impression that H1B always begins on Oct. 1st regardless of when the COS is approved - is this not the case? Can I return on a I-20 and F1 visa/OPT card even if H1B is approved?
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Yes, I have F1 with valid passport stamp.
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Does anyone have experience with traveling while on OPT and with approved (but not activated) H1B COS? I want to visit my family during the summer and would try to return on OPT status before Oct. 1st. My lawyers have stated that while this should be possible since all my documents are valid, I could have trouble at the port of entry showing non-immigrant intent even if my H1B is not active. Has anyone successfully done this?