F1 to H1B: consular processing vs change of status

[viharik]

Hi, I am an F1 student currently on my first Opt valid till may 2016 and will have 2 more years of opt with stem extension. I am applying for H1B visa this year and thinking of applying it in consular processing considering two factors:

1) I can stay on OPT as long as I want and move to H1 later.

2) I might need to travel out of country during Jun-July time frame and it is not good to travel while a change of status application is pending. I m assuming there is no issue of travel in consular processing, please correct me if I am wrong.

Are there any other problems in consular processing (related to cap gap etc)?...please let me know ur suggestions..thanks.

[pontevecchio]

Unless the current OPT employer files your H1, why would any employer file if you are not going to work for them?

[JoeF]

If you don't start working for the H1 employer, you will not be considered counted for the quota. And the employer has to inform USCIS if you don't start working there.

This "getting an H1 just in case" is no longer possible.

[viharik]

Unless the current OPT employer files your H1, why would any employer file if you are not going to work for them?

Thanks for your reply. But who said any thing about a different employer? My current employer (for whom i am working on OPT) is going to  file my H1 and they are ready to do it in Consular or Change of status as per my preference. Sorry, but i could not understand your message clearly.   

[viharik]

If you don't start working for the H1 employer, you will not be considered counted for the quota. And the employer has to inform USCIS if you don't start working there.

This "getting an H1 just in case" is no longer possible.

Thanks for reply JoeF. So, it means that unless i change to H1 (after approval in consular processing), i will not be counted for quota. Is that right? so if i try to change my empoyer in OPT and try to move H1 with a new employer later, i cannot do it as i haven't been counted in cap? did i understand correctly..thanks.