Going to US on OPT as H1b is in 221g processing

[lostpacket]

I already have posted my situation in this thread (Green Slip 221g in Delhi Consulate)


When I was working on OPT , my employer filed H1b for me and it was approved. The OPT is still valid though. Now when I came to India , I went for stamping and it looks like I will have to wait for long time as my visa is in 221g administrative processing.

Since my OPT is still valid and I have a valid student (F1) visa , can I go to US on F1 visa ?
I am just thinking of way to go to US in any way I can.

My F1 visa will expire in July 2012 and I have valid OPT card .
Will it be risky to go to US on this visa ?

[abhishek101]

The day your H1b was approved your OPT was automatically invalidated, you currently are only on H1B. So you cannot come to US till your H1b is approved.

[aarzoo]

If you think your OPT is valid, you can enter US on these documents. Once US Embassy makes a decision on your 221g case, you need to go back to get it stamped.

Please make sure your OPT is valid.

[dvb123]

First I dont know whether your h1 was I-797B or I-797C. Did your h1 approval come with a new i-94 attached at the bottom?

If you got a new i-94 attached at the bottom then it means that your old opt was invalidated.

However the information systems may or may not reflect this and would not know that the opt is invalidated.

Your employer may or may not have updated his I-9 with your h1 approval copy with new i-94 was attached.

These are all grey areas in us immigration law and even lawyers tell u different opinions because they do not have knowledge of information systems. It is unto you to make a decision.

[lostpacket]

My h1 came with I797A. The I94 number is same as the one given to me last time I entered US.
Do I see a hope here ? Shall I go on this F1 visa ?
How will they know if I am on H1 ?

[dvb123]

With an i-797a I dont think there will be any prob to return on f1. Do double check with a lawyer pls.

[lostpacket]

I have sent an email to US embassy but I will call them personally tomorrow.
There is some ray of hope.

[lostpacket]

I was reading my I-20 stating my stem extension. The page 3 of I-20 says

This page when properly endorsed may be used for reentry of the student to attend the same school after a temporary absence from United States. Each certification signature is valid of one year.

The last certification signature I received was on March 4'th 2010. So I don't have a valid signature from the school official hence I can not enter US this way.