H1B transfer - can we delay to save money?

Salesforce pbs123
May 7 18 Comments

My lawyer told me my name was picked in the lottery this year so I’m waiting for the final approval now.

I still have ~3 years of OPT+STEM extension. Should I choose consular processing and change my visa to H1B sometime next year? Since I can save 7% from taxes and use more time from OPT.

If any of you did this already let me know if there were major cons to be aware of.

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TOP 18 Comments
  • Amazon rniMni
    The risk is you lose your job before activating h1b, lose the h1b, and then lose your last chance at the lottery.

    But if you are confident you won't get unexpectedly laid off sure, consular processing also is more flexible.
    May 7 1
    • Salesforce pbs123
      OP
      Haha thanks. Will try my best to not get laid off.
      May 7
  • Goldman Sachs DXov67
    Also, you can’t have company apply for GC if you dont change to h1b first.
    May 7 4
    • Salesforce pbs123
      OP
      Hmm good point. I just want to delay it by a few months. Instead of changing it this October, I wanted to do sometime next February
      May 7
    • Broadcom Ltd. / Eng
      headbanger

      Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbangermore
      Yes you can. You can go from any status to GC. How do you think foreigners come here as tourists, get married to a US citizen and then get a GC?! Duh! This H1B requirement for GC is a myth created by immigration lawyers so they can make extra money on H1B.
      The only restrictions that apply to non dual status people (non L & H) are during the I-485 step of GC:
      1) cannot file 485 the first 90 days of entering at POE on a non immigrant status
      2) cannot travel outside the US after filing 485 up until you get your EAD/AP card
      No restrictions to apply for PERM and I-140 regardless of status.
      May 7
    • Amazon rniMni
      You CAN go to GC from a non immigrant visa like F/OPT but it comes with some significant risks and inconveniences. Just hope you have no family emergency during the lengthy time you cannot travel.

      If for any reason you have to leave the country during the lengthy visa process you get badly screwed: first, you can't get back in the country so your F gets cancelled, second, your AoS application gets cancelled because you can't adjust a status you no longer have.
      May 7
    • Broadcom Ltd. / Eng
      headbanger

      Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbangermore
      One thing though: if OP is born in India or China, he/she won’t make it to I-485 stage before F/OPT expires. So this scenario we’ve mentioned won’t even apply to him/her.
      However, the employer can at least start PERM/I-140 stages on F/OPT without any risks.
      May 7
  • Nvidia / Eng Mr.XoXo
    Modern problems require modern solutions!
    May 7 0
  • EA ☕️
    What’s the dollar amount your gonna save?
    May 7 1
    • Salesforce tcm24
      Probably around $3000 for 3 months
      May 9
  • New vkna18
    Congrats! May we know what lawyer and what company you're joining?
    May 7 1
    • Salesforce pbs123
      OP
      I’m currently working at Salesforce..?
      May 7
  • Accenture / Data __asdf
    there's a risk of losing everything vs 7% savings. i would not delay the h1b
    May 7 1
    • Salesforce pbs123
      OP
      Wait.. I think you misunderstood. I meant AFTER getting my H1B approval. My lawyer told me I don’t need to transfer my current visa to H1B right away.
      May 7
  • Microsoft / Eng
    Blissey

    Microsoft Eng

    PRE
    Microsoft
    Blisseymore
    H1B is a lottery, odds not in your favor. Why would you give it up?
    May 7 1
    • Salesforce pbs123
      OP
      Wait.. I think you misunderstood. I meant AFTER getting my H1B approval. My lawyer told me I don’t need to transfer my current visa to H1B right away.
      May 7
  • ANSYS sam1
    Is that 7% really important? What if you get rejected in the interview.? Think about it.
    May 7 0
  • Yes I think you can do that
    You would be saving 7% for max 5 months 😅
    May 7 0