Jump to content
Sign in to follow this  

OPT to H1b: change of status and consular processing

1 post in this topic

Recommended Posts

Filed: Timeline

Hi all!

I'm an international student with F-1 visa. I'm graduating in May 2012, start working in July 2012, I already have my OPT applied to start work in July. Meanwhile, my company also want to file the H1b application for me this year (they said they don't want to delay to next year).

Now I have two options for the H1b application:

1) file H1b using "change of status", and in this case, I will use my OPT to start work in July 2012, and automatically transit to H1b in October 2012.

2) file H1b using "consular processing", and in this case, I can choose to use my OPT for about a year (July 2012 - June 2013), and activate H1b sometime before July 2013, by traveling back to my home country to see the US consulate there (aka "consular processing").

What I want to know: what are potential benefits for "consular processing" option (i.e., use OPT for about a year first and then switch to H1b)? e.g., I heard that being in OPT status might save me some tax money ... also being in OPT is good if my company fire me within a year ...

Most importantly, is "using OPT as much as possible before transiting to H1b" good for getting the green card?

1) someone said yes, because I can use my OPT time to start applying green card, which will earn me extra time (in addition to whatever time period the H1b status can give me) before I get the green card.

2) someone said no, because delaying switching to H1b may also delay the time I get my green card.

I'm confused, I guess people have these two opposite options must be talking about different paths to get a green card?

Please advise, thanks!

Edited by echostate

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  • Create New...