Legal Question in Immigration Law in New York

Leaving u.S. During optional pract. Training

hi,

I am doing my OPT and working as a full-time civil engineer in NYC since July 2003. My OPT ends in July 2004 and I do have valid F1 visa until May 2005. I plan to switch H1-B visa as soon as my opt ends. I would like to ask couple of questions:

1)if I leave U.S. during christmas(for a week), would I be able to enter without any problems?

2)if I apply to H1-B visa in these days(by the end of november), can I leave U.S. and come back while my application is in process?As fas as I know, processing time is about 2-3 months for those applications.

thank you for your interest.


Asked on 11/15/03, 2:57 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Leaving u.S. During optional pract. Training

Yes. As long as you are 'in status' with your OPT, then you may leave the US and return. Whether you may leave after applying for your H1B is another question. That will require a longer answer.

I thinkl the processing time for the H1B is a little longer than 3 months.

You are welcome to a consultation for no fee at my offices at 42 west 44th St. Please call for an appointment first, (646) 591-5786

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Answered on 11/17/03, 3:45 pm


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