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Help please: On F1, company applied for H1-B, leaving US so COS deemed abandoned
Hi,
I am on an F-1 visa currently, and working for a company that is sponsoring my H1-B. They have already applied on my behalf. I have to go to Mexico from Aug 27 - Sep 01. My OPT is valid till july 01 2015. My attorney told me that if i leave the US, something called the "Change of Status" will be deemed abandoned. What that means is that i can go to Mexico and return to the US on an F-1 visa, but i absolutely have to go out of the country before October 1 2014, to get my H1-B visa stamped (in case i make the quota for this year)
I have two questions:
1) Will there be any problems at port of entry from Mexico this August 27 - Sep 01 when i am returning to the US ? I heard something about a person being on an non-immigrant visa (currently on F-1) with immigrant intent (application for H1-B)
2) Even if there are no problems with point 1, will there be any problems when i try to get my visa stamped from, let's say, Mexico?
I live in California, so it is easy for me to go to Mexico for stamping. Please advise on whether i can do this or not? Any similar experiences / legal / technical advice welcome. I am in a fix as i need to book tickets.
Appreciate any help i can get.
Thanks.
I am on an F-1 visa currently, and working for a company that is sponsoring my H1-B. They have already applied on my behalf. I have to go to Mexico from Aug 27 - Sep 01. My OPT is valid till july 01 2015. My attorney told me that if i leave the US, something called the "Change of Status" will be deemed abandoned. What that means is that i can go to Mexico and return to the US on an F-1 visa, but i absolutely have to go out of the country before October 1 2014, to get my H1-B visa stamped (in case i make the quota for this year)
I have two questions:
1) Will there be any problems at port of entry from Mexico this August 27 - Sep 01 when i am returning to the US ? I heard something about a person being on an non-immigrant visa (currently on F-1) with immigrant intent (application for H1-B)
2) Even if there are no problems with point 1, will there be any problems when i try to get my visa stamped from, let's say, Mexico?
I live in California, so it is easy for me to go to Mexico for stamping. Please advise on whether i can do this or not? Any similar experiences / legal / technical advice welcome. I am in a fix as i need to book tickets.
Appreciate any help i can get.
Thanks.
