Avoiding H1b Stamping by changing COS date while on OPT extn

[mavreick33]

I am currently on F1 OPT STEM extension. My initial OPT STEM extension is approved from Feb 1 2012 to Jun 30 2013.

In April 2012 my employer applied for H1b and got it approved and it starts from Oct 1 2012 (valid for 3 years).

So my Opt extension Status is adjusted to end on Sep 30 2012 and my H1b is starting on Oct 1^st 2012.

The below are my Details regarding my F1 visa status.

F1 Visa Validity: 25 Sep 2008 to 22 Sep 2013

OPT Stem Extension Validity: 1st Feb 2012 to 30 Sep 2012

EAD Card Validity: 1st Feb 2012 to 30 Jun 2013

H1b Change of Status Effective from 1st Oct 2012

I am planning for vacation to India (to get married) in Dec 2012 and I am worried about h1b stamping issue at US consulate in India or canada.

I am hearing stories about 221g denial.

So I am thinking of requesting my employer to amend my H1b to change the start date to March 15th 2013, so that I can travel and re-enter US in OPT extension status.

If the H1b start date is postponed will my Opt extension be reinstated to the amended H1b COS start date? Or will I be considered under CAP GAP?

PS: I am a fultime employee.

[mavreick33]

Hi all.....any opinion on whether if its possible.

[pontevecchio]

Your OPT is gone from October,1. If you think that getting a F2 for your wife is easier than an H4, you are sadly mistaken.

[mavreick33]

thanks for your input. My attorney mentioned that reverting back to OPT is risky as SEVIS needs to be corrected and gave legal opinion to go ahead with COS to H1b from Oct1.

Finally dropped the idea....