Legal Question in Immigration Law in New York
Hi,I am currently on OPT(which is valid till Feb11)and working.My company would file for H-1(counsular notify)this april.However,I need to travel to India in april end and come back in may.My travel is not medical emergency however it is important and urgent.HR advised me not to travel saying,my intent might be questioned at the port of entry since my H-1 will be either in progress/approved but at the time of entry we will be in student visa.I would like to understand the risks involved and their severity.If so,What can be done to mitigate the risks.The latest I can postpone my travel would be to start in May mid and come back in june mid.Can you point me to any links of immigration dept which say it is ok to travel during this gap under this circumstances.I have got mixed opinions online.
1 Answer from Attorneys
H-1B is a non-immigrant visa, therefore, applying for an H1B visa/status doesn't mean that an applicant has an immigrant intent. Furthermore, this visa allows for dual intent.
For legal advice specific to your situation, you should consult a lawyer, not an HR personnel.
I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.
Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
