Legal Question in Immigration Law in California

Since you have an approved Change of Status to start Oct. 1, if you leave the U.S. and come back prior to the effective date of the H-1B, you will have abandoned this H-1B petition, and the company would have to submit another petition for you or you would have to leave and come back again after obtaining your H-1B visa at the consulate. I recommend that you apply for the H-1B visa now and you can re-enter the U.S. Sept. 20 or later for an Oct. 1 H-1B.

If your H-1B starting date is 10/01 and you will enter the U.S. before 10/01, you do not need a H-1B visa.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or email us at [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

Allow me to clarify: you may enter the U.S. up to 10 days before the H-1 begins, on September 20 with an H-1 visa for employment to begin on October 1. If you wish to come to the U.S. before then, you might be able to make entry, but then you'd have to either depart and make an H-1 entry with a new H-1 visa or apply to change status again to H-1. You'd be better off coming on the H-1 rather than hassling with leaving again or changing status again.

If you're interested in further information concerning how I might help you and about my practice, do get in touch at 818 609 1953, [email protected] or visit me at http://www.yardum-hunter.com. Until then, we yet to have an attorney client relationship.

Best regards,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA and "Super Lawyer" 2004-2009, Los Angeles Magazine