Legal Question in Immigration Law in Florida

I am currently on OPT, which expires on June 30th, 2010. My job at a University has began the process of applying for an H1B visa on my behalf, however, I did have a few questions that I hope you may be able to help me with.

1. Since my current OPT ends on June 30th, and employment under H1B does not begin until October 1st, will I need to leave the US and return to my home country?

2. I also saw that once the petition has been approved, that I will need to obtain a stamp in my passport from a US consulate, can I do this at a consulate in the US, or must I travel back to my home country to do so?

3. I am scheduled to present at a conference in Canada from June 28th - July 4th, (my opt ends on June 30th), will my travel outside of the US affect my H1B application and how will the expiration of my OPT affect my travel?


Asked on 4/15/10, 6:57 am

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

You are not subject to the visa cap at all due to H1B petition being filed by a university. Thus, the H1B petition can be approved anytime after filing (the start date can be prior to Oct. 01).

If you want assurance of employment not being interrupted after OPT expiration and prior to H1B taking effect, it is a good idea for the university to file for you through premium processing, whereby the USCIS will make a decision within 15 days of filing. The H1B petition should request "change of status." When change of status is granted, there will be a new I-94 attached to the bottom of the approval notice, and you will automatically be in H1B status. You will not be required to obtain visa stamp in passport. However, if you travel outside the U.S. anytime after obtaining H1B status, you will need H1B visa stamp issued by a U.S. Consulate in your home country, although it is OK as well to apply at a U.S. Consulate in Canada.

We strongly advise against travel during the period stated in your email.

You have the option of calling our law firm at 212-268-3580 during business hours for additional guidance, or email [email protected]

Regards,

Ajay K. Arora, Esq.

www.h1b1.com

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Answered on 4/20/10, 7:20 am


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