Can the start date of H1B be later than Oct 1, 2014 for a petition filed on April1, 2014 ?

[dipjyoti]

I wanted to know if an employer is filing a H1B petition on April 1, 2014 for a F1 student who has STEM OPT valid till July 2015, if the H1B petition is selected in the lottery, is it possible to have the H1B start date (change in status from F1 to H1B) after October 1, 2014 like in Dec 1, 2014 or Feb 15, 2015 so that the student can use the remaining days of his OPT ? If its possible, when it should be done like during the filing of H1B petition, the employer has to mention a start date, can a later date be provided after Oct 1, 2014 or can the start date be changed after the H1B petition is approved ?

[t75]

A petition may be filed no more than 6 months before the start date. To have a later start date specified, the petition must be filed after April 1.

[jairichi]

I wanted to know if an employer is filing a H1B petition on April 1, 2014 for a F1 student who has STEM OPT valid till July 2015, if the H1B petition is selected in the lottery, is it possible to have the H1B start date (change in status from F1 to H1B) after October 1, 2014 like in Dec 1, 2014 or Feb 15, 2015 so that the student can use the remaining days of his OPT ? If its possible, when it should be done like during the filing of H1B petition, the employer has to mention a start date, can a later date be provided after Oct 1, 2014 or can the start date be changed after the H1B petition is approved ?

You can do that by exiting and entering US on F1-OPT after Oct 1st 2014.

[JoeF]

The start date can be a maximum of 6 months in advance.

If you want a start date of Dec. 1, an H1 could only be filed on June 1. Since it is likely that the quota will be full by then, this wouldn't be possible.

If you can't start earlier, the employer would have to file in April 1, 2015, for a start date of Oct. 1, 2015.

[jairichi]

You can do that by exiting and entering US on F1-OPT after Oct 1st 2014.

 

 

The start date can be a maximum of 6 months in advance.

If you want a start date of Dec. 1, an H1 could only be filed on June 1. Since it is likely that the quota will be full by then, this wouldn't be possible.

If you can't start earlier, the employer would have to file in April 1, 2015, for a start date of Oct. 1, 2015.

Hi guys, that is an interesting observation. What happens if employer files for OP as consular processing? Can OP stay in US on F1-OPT status till OPT expires (July 2015) and then exit and enter US with a valid H1B visa and I797?