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  #1 (permalink)  
Old 11-11-2009, 02:53 PM
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Default F1, H1 Situation

I am currently on the F1 visa (expiry date 12/2009). I have been approved for an H1 visa but I dont have the stamp on my passport yet.
My EAD (for OPT Optional Practical Training) has expired in April but I was told by my employer that it is allowed to keep working from the expiry of the EAD until the H1 is approved.
I know that I am approved for the H1 visa but I have not yet travelled outside the US to stamp the H1 visa on my passport. The lawyer at my company said it is fine to do that anytime before the end of the F1 visa (12/2009).

Now the question is, I plan to quit my job and go back to my country. Would it be OK if I just leave the country and forget about the H1 visa? I guess my question is, would I have trouble getting a visitor visa in the future? The reason I am asking is because I am afraid it would seem that I was working illegally starting at the expiry of my EAD.

Or do you think I should go out of the country, get the H1 visa stamp and then quit my job and leave the country?

Sorry this might sound complicated.
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Old 11-11-2009, 05:17 PM
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You cannot work until your start date of H1 and after the expiry of the EAD. Did you have an I-94 with the H1 Approval notice? You are considered to be out of status if you stayed beyond your original I-94 and considered working without employment authorization if you work after the EAD expiry and before H1 start date. Seek a lawyer's help, better sort out the problems now than later.
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Old 11-12-2009, 10:41 AM
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New cap-gap rule will allow you to work with expired OPT, if your H1B petition is submitted before OPT expiry date and till you hear from USCIS about your H1B approval status

To get Visitor Visa in future, they will as about your H1 and why you didn;t use it. To make sure you have copy of last pay stub with your job and notice letter to your employer that you are quitting the job.
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Old 11-12-2009, 11:02 AM
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Default

Thank you for the replies.

That makes me feel a lot better. So let's say I have the quitting letter and last paystub everytime I travel, you are saying I shouldn't have any problems if I never had H1 stamp on my passport correct?

Another question.
If you were on an H1, when you quit your job, do you automatically lose your H1 visa? Is the H1 visa tied to a specific employer? Or would it be beneficial to me if I decide in a year or two to come back to the US to work with a different employer?
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