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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106920
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am opt and my h1b is in pending, what paper work, what,.

Customer Question

i am opt and my h1b is in pending
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: what paper work
JA: Have you talked to a lawyer yet?
Customer: what
JA: Anything else you want the lawyer to know before I connect you?
Customer: .
Submitted: 6 months ago.
Category: Immigration Law
Customer: replied 6 months ago.
I am on opt and my h1b is pending as the uscis requested for RFE which is yet to send by this week.I came to India last wek due to an emergency and planning to return on sept 11.will there be any problem
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

You will be coming back on your F-1/OPT? What is the RFE asking for?

Customer: replied 6 months ago.
YEAH I AM COMING BACK ON OPT.THE RFE IS REGARDING H1B
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

I understand that the RFE is in regards ***** ***** H-1B, but what are they asking for? What element about the H-1B are they saying that you are failing to meet?

Customer: replied 6 months ago.
THE RFE IS REGARDING MY QUALIFICATIONS AS A MASTERS STUDENT AND REGARDING MY JOB RESPOSIBILITES
Customer: replied 6 months ago.
are you there sir
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Sorry about that. It was passed midnight and you took so long to respond that I retired for the evening. Anyway, you can come back using your F-1, but you will need to respond to that RFE quickly. Also, you will not be able to continue working once your OPT expires. You will need to wait for approval of the H-1B before you can join your H-1B employer.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 6 months ago.
Thats ok.I am with the same employer on opt who filed my h1b petition.I came to india last week due to an emergency.Is it going to affect my h1b since my change of status is still in processing and will i face any problem with port of entry as i am on opt.I got the offer letter and payslips from the company
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Well, two things:

1) You would need to stop working when your OPT expires.

2) When you leave the U.S. when a change of status (COS) is pending, you abandon that COS. So while your H-1B may be approved, you are supposed to leave the U.S. to get H-1B visa stamping outside of the U.S. to come back in that status.

You should be able to come back in on F-1/OPT, but you are going to have to leave again to get H-1B visa stamping.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Customer: replied 6 months ago.
abandoning change of status means that the h1b will be approved but i need to leave U.S again and go for stamping.Am I correct?
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Yes, that is correct. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 6 months ago.
what all doccument do you suggest me to carry while coming back to us next month on opt with out having any issues at Port of Entry
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

According to the ICE website:

https://www.ice.gov/sevis/travel

If USCIS has approved your OPT you will be expected to have your EAD in hand to re-enter the United States, in addition to your Form I-20, valid passport and visa, and a letter of employment if you have one. If you exceed the limits on unemployment while outside the United States, you will not be eligible to re-enter the United States in F-1 status.

Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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