mavrick Posted January 14, 2013 Report Share Posted January 14, 2013 Hi, I am currently working on my F1-OPT (17 month STEM extension). It is valid till 2nd June 2014. My company is filing for my H1B visa this year with the start date as Oct 1st 2013. I have asked them to file it as a loose petition so that my status change happens once i travel to my home country and get the H1B VISA stamping and enter US with that VISA. Provided my H1B visa is granted for 2013, for Eg: if i travel to my home country in Jan 2014 and get the VISA stamped and re enter US on that visa, does my H1B from a Income Tax perspective start from the day i re entered USA? or because my company filed the H1B loose petition with the start date as Oct 2013, the SSN/Medicare taxes will be cut for Oct/Nov/Dec 2013 later?. Also in case i get the H1B stamping in my home country in Jan 2014, can i re enter USA with my still valid F1-OPT and work on that visa till June 2014 till the F1 is valid and then switch over to the H1B so that i can save on SSN/Medicare taxes?.. Link to comment
t75 Posted January 15, 2013 Report Share Posted January 15, 2013 They can file 6 months in advance of your H-1B start date. Link to comment
wiweq Posted January 15, 2013 Report Share Posted January 15, 2013 I assume you mean counselor processing by "loose petition". All the H1b laws and guidelines come in the picture once your H1b status starts. I your case, if you are planning to start your H1b from Jan 2014, your tax cut will from Jan 2014. Link to comment
pontevecchio Posted January 15, 2013 Report Share Posted January 15, 2013 How much are you expecting to save? wHEN DO THEY WANT YOU TO JOIN? Link to comment
wiweq Posted January 15, 2013 Report Share Posted January 15, 2013 "How much are you expecting to save? wHEN DO THEY WANT YOU TO JOIN?" => That is correct. If you sure about your current satatus. Its always better to opt H1b with COS. Let the COS be done automatically! It's well known fact that getting H1b visa is not easy these days, so why taking risk just for some thousand $s? Link to comment
mavrick Posted January 16, 2013 Author Report Share Posted January 16, 2013 Thank you everyone for the replies. I am already working for the company since Jan 2012. I was going to blindly take up the company's offer of filing the general H1B, but then heard about the "loose petition", so then thought it would help to save on money on Medicare/SSN (10% per pay check) for atleast till my Student OPT is valid. Link to comment
mavrick Posted January 16, 2013 Author Report Share Posted January 16, 2013 I assume you mean counselor processing by "loose petition". All the H1b laws and guidelines come in the picture once your H1b status starts. I your case, if you are planning to start your H1b from Jan 2014, your tax cut will from Jan 2014. Thank you for the reply, appreciate it, so in case of loose petition H1B filing though the company gives the start date as Oct 1, my H1B does not start until i visit my home country and get the VISA stamped, my VISA would then mention the date when i went to the VISA office rather than Oct 1st 2013. I am thinking in the normal H1B case if the start date is Oct 1st and even if the person goes and gets the stamping after 6months from Oct1st, the date on his visa is still mentioned as Oct 1st 2013. Am i right in my understanding?.. Link to comment
JoeF Posted January 17, 2013 Report Share Posted January 17, 2013 There is no such term as "loose petition". Please use the usual terms so that people understand what you are talking about. Link to comment
wiweq Posted January 17, 2013 Report Share Posted January 17, 2013 Even in "loose petition", employer has to put some start date and you have to get your H1b status but that time (either by COS or consular processing). It can't be a rain check. If you are planning to get the H1b stamping in June, 2014; June 2014 should be the start date on petition. Link to comment
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