My H-1B visa was approved with Change of Status in Aug 04, at which
time I was on my optional practical training (OPT) period. The start
date on my H-1B visa is March 13th 05. In Dec 04, I traveled to India
and, as per the regulations, re-entered the US on my F1. My attorney
states that since I traveled in the period between my H-1B visa
approval and its start date, my change of status is no longer
automatic. She insists that I HAVE TO go outside the US and get it
stamped in order to officially be on H-1B.
Generally, an H-1B visa needs to be stamped only if one leaves the US
and returns on H-1B, so this has led to some confusion. I would like
to make sure that my stamping is indeed necessary.
Thank you
PS: My OPT ends in June 05. |