F1 - H1B conversion (not sure when will graduate)

[koodoo]

Hi,

I am a Masters student. I am planning to graduate by December 2012.

But in the worst case I may end up in school for Spring 2013.

My employer wants to file an H1B petition for me.

I told my employer that I want to join once my graduation date is confirmend.

But my employer wants to file a loose (Consular processing) H petition which could

have a possible start date of October 1, 2012.

The employer said that the petition would be valid for approximately 3 years and that I would not have to activate it until I wanted to during its validity dates.

The way to activate it would be to travel outside the country, get an H1-B visa and then enter the United States on that visa.

I am slightly stressed by this situation as I have very little information about this and would be grateful if someone could answer these questions:

1. Where can I find more details about this type of H1-B application (I have tried to search a lot but could not find details about this).

2. Once the petition is approved can I travel outside the United States and still enter with the F1- visa. (Do I have to enter on H1-B visa if I travel outside the United States ?).

3. When does my H1 visa actually start ? Does the time from October 1, 2012 to the time I actually get the visa (by means of travel) count towards the total amount of time I am allowed to work on the H1-B visa ?

Thanks a lot for helping me with these questions and pointing me in the right direction.

[wiweq]

1. Where can I find more details about this type of H1-B application (I have tried to search a lot but could not find details about this).

=> Your employer will file your H1b with no COS. Means no need to start working from Oct 1st, 2012. Once your H1b is approved, you have two ways to come on H1b status. First, leave USA get H1b stamping and use that h1b visa at POE; second, file COS using I539 from F1 to H1b. Second case can't be earlier than Oct 1st, 2012.

2. Once the petition is approved can I travel outside the United States and still enter with the F1- visa. (Do I have to enter on H1-B visa if I travel outside the United States ?).

=> Yes you can use F1 to travel. No need to get H1b stamping, until you dont want to be on H1b status. Make use while using F1 visa at POE you have all the documents to justify your future F1 status.

3. When does my H1 visa actually start ? Does the time from October 1, 2012 to the time I actually get the visa (by means of travel) count towards the total amount of time I am allowed to work on the H1-B visa ?

=> Your H1b time starts when you starts your stay on H1b visa status. Oct 1, 2012 is the start-date if the H1b is filed with COS which is not your case. More questions/ doubts? Let us know.