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  • H1 application from non profit processing time

    I am working at a nonprofit organization. I have some doubt in my application process. I am going India in December 2014 and back in January. I am in OPT exten sion which is going to expire in June 2015. My F1 visa expires on 23rd May 2015. Based on the above scenario I have some doubt and would appreciate if any help is provided.
    1. My employer can apply for H1 now, but I am not sure if I will get H1 by the time I leave for India.So I plan to go in OPT with my signed i-20 and come back with Valid F1 visa and OPT card . Will it be a good Idea?I never been Outside of USA in my whole OPT.

    2. I apply for H1 once I come back, based on that, say I apply in January. My F1 Visa exists till May 2015 and OPT till June 6th. How long will it take to get my H1. If I get RFE and apply, will there be chance that I get H1 before my F1 visa and opt expires. What to do if my H1 take more time to apply. I heard that once you get a receipt you are in H1. Is it correct?

    3. My passport expires on January 2016. How to get a new passport ? I cannot get H1 stamping on expired one. What is the duration that usually takes to get a passport reissued in USA?

  • #2
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    • #3
      Originally posted by opt View Post
      I am working at a nonprofit organization. I have some doubt in my application process. I am going India in December 2014 and back in January. I am in OPT exten sion which is going to expire in June 2015. My F1 visa expires on 23rd May 2015. Based on the above scenario I have some doubt and would appreciate if any help is provided.
      1. My employer can apply for H1 now, but I am not sure if I will get H1 by the time I leave for India.So I plan to go in OPT with my signed i-20 and come back with Valid F1 visa and OPT card . Will it be a good Idea?I never been Outside of USA in my whole OPT.

      2. I apply for H1 once I come back, based on that, say I apply in January. My F1 Visa exists till May 2015 and OPT till June 6th. How long will it take to get my H1. If I get RFE and apply, will there be chance that I get H1 before my F1 visa and opt expires. What to do if my H1 take more time to apply. I heard that once you get a receipt you are in H1. Is it correct?

      3. My passport expires on January 2016. How to get a new passport ? I cannot get H1 stamping on expired one. What is the duration that usually takes to get a passport reissued in USA?
      1. Yes, as long as you have a valid visa, I-20 and OPT card, you should be safe to travel. You should check with your DSO to see if you need a new I-20 to travel.
      2. No, you are not in H-1B status until and unless the H-1B gets approved. An H-1B, without Premium Processing will take at least 2-4 months to process. If your H-1B is not approved by the expiration date of your OPT, you must stop working until your H-1B is approved. You are however allowed to remain in the US at that time.
      3. You have two options: you can get your passport renewed when you go to India in December/January. Only do this if they will let you keep your old passport. You can travel to US with the new passport and old passport (the new passport for travel and show US customs your old passport with the visa). The other option is to renew your passport with the Indian Consulate that has jurisdiction over your place of residence (https://www.indianembassy.org/pages.php?id=12) after you return. It takes about 1 month to renew passport nowadays.
      Why are you worried about stamping for H-1B? Once H-1B is approved, you will be in H-1B status. You don’t have to do stamping until you need to travel abroad. If you know you’re going to travel again later in 2015, then get your passport renewed before you travel. No matter what, you need to get your passport renewed before it expires.

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