Going back to US on F1

[sukash]

Hi all, I am on my OPT and I got my H1 approved. Recently I came to India for treatment. Now, I am planning to back to US in September. I am scared whether, I will be allowd to enter US on my F1 or not. And I have all the required documents for H1 stamping. If I go for stamping and gets any query, will I be able to go on F1 to US? Some body please help me on this. Thank you in advance.

[C4us]

Are you planning to work on OPT or H1B?

[sukash]

Are you planning to work on OPT or H1B?

Thank you for your reply. I want to work on my OPT and it is valied until Jan 25th 2009. And I have all my H1 documents. And my H1 will start from october 1st. And I am worried whether, I can travel back to US with just my OPT. And from the time of my graduation, I didn't work . I graduated in dec 2007. Hope this info might help you answer my problem.

[C4us]

You did not work prior to leaving for India? If you have accumulated more than 90 days of unemployment since April 8, 2008, your OPT is no longer valid

Your absence from the US may affect your status. From the USCIS website:

"How does travel outside the United States impact the period of unemployment?
If the student whose approved period of OPT has started travels outside of the United States while unemployed, the time spent outside the United States will count as unemployment against the 90/120-day limits.

If a student travels while employed (either during a period of leave authorized by an employer or as part of their employment), the time spent outside the United States will not count as unemployment."

If your OPT is no longer valid, your COS is also invalid; in that case,you must get stamping in India and follow entry rules for H1B.

Based on the limited information that you have provided, I suspect that your unemployment plus your travel makes it illegal for you to enter using your F1 visa statsu.

[txh1b]

I want to work on my OPT and it is valied until Jan 25th 2009. And I have all my H1 documents. And my H1 will start from october 1st.

In addition to what C4us has said, your OPT becomes invalid after COS approval of H1b kicks in, i.e Oct 1st, even if you had been in US and maintained proper status.

[orion]

Just curious TX, won't the COS be adandoned as s/he left US when his H1 application was pending?

[C4us]

Orion,

I interpreted his posting to mean that he had the I-94 for the H1B in hand before he left so he had not abandoned his COS.

I suspect that since the H1B petition was filed before April 8 that the 90 day unemployment had not yet affected his status when he received the COS.

OP,

I believe you may only work on H1B and may enter the US only with new stamping and no earlier than Sept 21, 2008.

If you have questions, you should meet with a US immigration law specialist in your home country with all of your paperwork for a legal opinion.