Deciding between delaying H-1B application or applying for H-1B with consular notification

[kowshikp]

Hi,

I recently completed my Masters in Computer Science in the US on May 3rd 2012. I came to India on May 9th 2012 for a vacation, and will be leaving India to the US on May 30th, 2012. I have a job offer at a company in the US who is ready to sponsor my H-1B visa. The original plan was that the company will apply for my H-1B once I'm back in the US. I also have received my EAD card and intend to produce: my job offer letter, EAD card, I-20s and passport at the US airport upon re-entry on May 30th 2012. I am authorized to work on OPT until May 31st 2013. And I'm eligible for the 17 month STEM OPT extension, which can give me OPT up to October 31st 2014.

Now, here comes the problem:

When I started on my vacation, I was unaware of the quick rate at which H-1B quota (both general and advanced degree) is filling up this year. Recently I received an email from the company that has granted me the job offer that due to the quick rate at which H-1B is filling up, there may be no slots left for them to file my H-1B petition for change of status AFTER I return to the US (i.e. first week of June 2012).

They are suggesting the following two options, and they are inclining towards option #2.

I would like to take your advice on what is the right option to choose in my situation:

1. Apply for H-1B next year on very first day (April 1st 2013), and keep fingers crossed. Due to the much better economy next year, the danger is that chances are that there may be a "lottery" even if I apply on the very first day.

2. File an H-1B petition for this year as a “notify” rather than a change of status from F-1 to H-1B. This would NOT require me to return to the U.S. in order to file my case in this year’s Cap numbers. But filing a notify case would make me ineligible for a 17 month STEM OPT extension (as per the rules). Also, I need to travel to India and get the H-1B visa stamped before my EAD expires on May 31st 2013 and then enter the US on the H-1B in order to “activate” the H-1B status.

It will be very helpful to me if you could please let me know your thoughts.

* If I take option #1, won't the chances of "lottery" next year apply to every single person who is applying for H-1B next year? Furthermore, I can take advantage of the advanced degree quota, so may be its good that I wait until next year and file on the very first day?

* I donot know the consequences of taking option #2, will there be any complication when I re-enter the US on May 30th 2012? Are there any additional expenses/complications which I should be aware of, apart from not having the option of extending my OPT under STEM extension?

Thanks!

[wiweq]

1. Apply for H-1B next year on very first day (April 1st 2013), and keep fingers crossed. Due to the much better economy next year, the danger is that chances are that there may be a "lottery" even if I apply on the very first day.

2. File an H-1B petition for this year as a “notify” rather than a change of status from F-1 to H-1B. This would NOT require me to return to the U.S. in order to file my case in this year’s Cap numbers. But filing a notify case would make me ineligible for a 17 month STEM OPT extension (as per the rules). Also, I need to travel to India and get the H-1B visa stamped before my EAD expires on May 31st 2013 and then enter the US on the H-1B in order to “activate” the H-1B status.

=> Forget about lottery for H1b. Gone were the days with 1000s of H1b applications with no valid jobs.

I would suggest going with option 1.