On F-1 OPT with H1B picked under "Consular Processing". Need Advice
Present Visa: F1, OPT Validity of OPT: June 2024 H1B is picked under "Consular Processing"(Fragomen) and I am chilling on F1 for now as international travel is simple, lesser taxes. Need advice on the following: With the present market scenario, when would be a good time to change my status to H1-B (Would have external help in finding reasonable visa slots)? I think in this kind of scenario, if a person is laid off, the H1B picked is lost if they don't change their status to H1B(Correct me if I am wrong here) *At Spotify* TC after drop: 235K
Your H1B isnt activated yet and you are not yet cap exempt. So if you get laid off by the company that filed your H1B, you could lose your H1B and be back to square one. Leave the country, get a H1B stamp, enter the US and activate your H1B. You'll now be cap exempt.
Yeah, agree with this. Don’t game the system too much
Got it. Thanks!
I agree with gamerboy
when is your h1 valid from? I dont think you have an option to not activate, your employer who filed will automatically start you on H1.
If you're going to travel within the next few months, travel first. Otherwise change to H1B asap. Tax part is only true if you've been on your F1 visa less than 5 years. After 5 years F1 visa pays FICA taxes as well, so no difference.
Less than 5 years on F1 for now, but thanks for sharing the threshold of 5 years. I didn't know that.
Moreover its 5 calendar years. So if your 1st day on F1 was say Dec 31 2021, then your 5 year exemption is up at the end of 2025. 1 Jan 2026 you'll pay FICA taxes, eventhough you have been on F1 status only for 4 years and 1 day