OPT to H1B visa transfer

Aug 2, 2019 6 Comments

Hi all,

My opt ended in july 2019 and I have applied for my stem-opt extension for another two years (expecting its approval by the end of August). Meanwhile, I have my H1B approved through consular processing with my current company.

1. Can I travel to my home country on my OPT early next month, get my H1B stamped, and then enter the US after october 1st? or is there any risk involved with these travel dates.
2. is it absolutely necessary for me travel to my home country only after october to activate my h1b and then enter? or can I travel before october but enter after october?

i want to activate my h1b status as soon as possible as I want to switch jobs. would really appreciate any guidance here. Thank you.

current TC: 200K - 120/250(4years)/80
YOE: 1.5


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TOP 6 Comments
  • Gilt / Eng tc 🤔
    #2 you dont need to leave the country to have h1-b activated. It auto starts on Oct 1
    Aug 2, 2019 2
    • NVIDIA bdei51
      Not true. That's only if he filed for status change. OP says he requested consular processing which is different.
      Aug 2, 2019
    • Gilt / Eng tc 🤔
      Ooo sorry I didnt even know what a consular processing was until you mentioned it.
      Aug 3, 2019
  • NVIDIA bdei51
    OP these are questions for immigration lawyer. Don't get yourself into trouble listening to advice here, see the advice above which is wrong.
    Aug 2, 2019 1
    • Google mike_ross
      Got it. Thank you.
      Aug 2, 2019
  • Microsoft Redmo
    You should be fine if you step out before October. Remember you need to have your h1b stamped while coming back. 👍
    Aug 2, 2019 0


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