Can I defer H1b start date after approval?


akkis007

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Hi,

 

I completed my masters in December 2015 and currently working on OPT. My employer will be filing for my H1 petition coming April 2015. Also, I want to utilize my OPT to the full extent as well as I do not want to miss any chances of applying for H1. ( I know you must be thinking I am greedy but I will not get OPT if I do my second masters :P ).  

 

So is there any legal way where I can defer my H1 if I get through lottery and get approved? I want to understand this on a granular level.

 

Thanks for your time and help.

 

-Akash

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Why is it so important for you to stay on OPT?

 

The H1 could be filed without COS. Then you stay on F1 until you enter with an H1 visa.

 Thanks for your reply JoeF, i am just wondering if this can be done and if so how. Could you please explain a bit more about COS?

 

Thanks for your time.

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COS means Change of Status.

If the H1 is filed with COS (there is a checkbox on the form), your status changes automatically to H1 on Oct. 1.

If it is filed without COS, you continue to be in your current status, and you would have to go abroad, get an H1 visa and enter with that H1 visa to be in H1 status.

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COS means Change of Status.

If the H1 is filed with COS (there is a checkbox on the form), your status changes automatically to H1 on Oct. 1.

If it is filed without COS, you continue to be in your current status, and you would have to go abroad, get an H1 visa and enter with that H1 visa to be in H1 status.

 

So the H1 visa start date would be the date I get it stamped and go on for three or six years? 

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