Legal Question in Immigration Law in California

can i enter USA while on F1 OPT status, if h1 is rejected?

When on F1 visa, OPT status and I

go out of USA to get my H1b

stamped and for some reason if it

gets rejected, can I enter USA

under previous F1 visa?


Asked on 3/27/09, 5:42 pm

2 Answers from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

Re: can i enter USA while on F1 OPT status, if h1 is rejected?

Perhaps but it best if you talk with an immigration attorney , Send me more facts and we can discuss your situation, I would not leave unless you know the answer.There is no charge for consultation.

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Answered on 3/31/09, 11:03 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: can i enter USA while on F1 OPT status, if h1 is rejected?

If your visa is still valid, it should be fine as long as you would go to school or resume your OPT. There are some timing issues so that it doesn't work if you apply too early or too late.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com 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

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 3/27/09, 5:52 pm


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