Legal Question in Immigration Law in California

Re: Change of Status from F1 to H1B travel outside before 1st October 2009

You really should consult an Immigration Attorney. Please send me an email if in Southern California with your contact information and we can discuss your particular facts. There is no fee for consultation.

Re: Change of Status from F1 to H1B travel outside before 1st October 2009

Dear Sir:

Once you have changed to H-1B status, you cannot come back into the US relying on your F-1 visa. You will need to present the H-1B approval notice allong with supporting documentation at the Embassy to obtain an H-1B VISA in your passport for presentation upon admission to the US.

Regards,

Re: Change of Status from F1 to H1B travel outside before 1st October 2009

It dependes when your H-1B starts. If it starts right away, you can apply a H-1B visa and enter the US subsequently. If it starts on 10/01/2009, you can apply for a H-1B visa but only can enter 10 days before 10/01/2009.

Please contact our office for further discussion or email me at [email protected].

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: Change of Status from F1 to H1B travel outside before 1st October 2009

You cannot enter the U.S. in H-1B status until September 20, 2009 at the earliest, so even if you could get the visa issued while you're gone, you couldn't return on it until a later time. It's a judgment call that I would involve the consul and Customs and Border Protection officers in deciding at the location of application and entry which might be arranged in advance of your departure or not, depending on checking the preferences of consul and CBP.

I chair the CBP liaison for the LA county Bar Assn. and I am going to pose your question for our liaison. The consulate would be location specific and if you became my client, I would contact them directly to get their take. Your question is a good one and not entirely uncommon so as to include it in the CBP agenda.

I would be happy to also help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

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