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leaving the US while application for H1-B is being processed H Visa

Discussion in 'Investment, Work Visa' started by shunsuket, Aug 7, 2005.

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  1. shunsuket

    shunsuket Law Topic Starter New Member

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    Here's the situation.
    1: My attorny has just filed the application for H1-B few days ago and it has been sent to USCIS.
    2: My OPT has just will expire in few days.
    3: My F-1 has been expired for about a year but I have not left the country since the visa has expired.
    4: I would like to go back to my home country (Japan) while my application is being processed, hopefully without waiting for the receipt for application.

    My attorny told me that it would not be a problem to go back to my home country in terms of re-entry to the US nor it will affect the chance of getting my H1-B positively or negatively. I just cannot re-enter the US until my H1-B application is approved, make an appointment at US embassy outside of the states with the notice of approval, which wil be sent from USCIS to my attorny, and get visa stamp on my passport. But I heard the different story from different source, such as, I have to wait for the reciept and brig it to the immigration office and get sign in some kind of papers.

    So would it be safe to go back to Japan? Do I have to wait for the reciept and get sign on some kind of document to re-enter the US, even if I will get the visa stamp after my application is approved?

    Thank you all in advance.
     
  2. NYClex

    NYClex New Member

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    As far as I can see your attorney is right
     

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