F1 to H1-B( Applied when I'm in India )

[Yogiraj]

Hello Murthy,

 

I'm on F1 and going to finish my 1st semester  and I have an H1-B approval, applied when I'm in India and got approved before I entered US( Aug 2014). I want to apply change of status in the month of Jan 2015. To get F1 to H1-B  approval  do I need to go to India or it can be done by my stay in US itself. 

 

And, I want to apply F2 to my wife before I apply my change of status. If I get the approval what happens to F2? What is the safest way in the long run in US. 

 

Please guide me. Thank you.

[jairichi]

Employer can file for COS to H1B but has to pay H1B fee again. Alternatively you can exit US and enter with a valid H1B visa and I797. After your H1B approval your spouse cannot be on F2 and has to move to H4.

[Yogiraj]

Hoo... Thank you Very much for your quick response... I thought I will receive an email to my registered email. So didnt replied.. You.

 

 

Employer can file for COS to H1B but has to pay H1B fee again. Alternatively you can exit US and enter with a valid H1B visa and I797. After your H1B approval your spouse cannot be on F2 and has to move to H4.

[Yogiraj]

Thanks Jairichi, Happy New Year...!

 

Can I go like this : 

 

1. Completing my Masters by Dec 2015 ( Current status F1)

2. Applying for CPT or OPT and working in a company on OPT for 2 years.

3. And then I want to apply COS by paying H1 fee again in 2018 which I already got H1-B approval in June 2014. 

 

I heard that I have a grace period of 6 years to use my approved H1-B. My doubt is, can I get OPT when already having an H1 approval. 

 

Thank you.

[jairichi]

Thanks Jairichi, Happy New Year...!

 

Can I go like this : 

 

1. Completing my Masters by Dec 2015 ( Current status F1)

2. Applying for CPT or OPT and working in a company on OPT for 2 years.

3. And then I want to apply COS by paying H1 fee again in 2018 which I already got H1-B approval in June 2014. 

 

I heard that I have a grace period of 6 years to use my approved H1-B. My doubt is, can I get OPT when already having an H1 approval. 

 

Thank you.

Thanks and happy new year to you too.

Do not think about CPT as if it is illegal it might end your career in US. Go for OPT and you are eligible for that. After OPT anytime an employer can file a cap exempt H1B petition (based on your previous cap subject H1B approval) and on approval you can join that employer. H1B fees are paid by employer and not you.