[chandraindukuri]

Hi,
My friend is in F1 status and currently in OPT.
His OPT expires on 12/31/2008.

His employer filed H1B and got approved.
Usually, one can change the status to H1B from Oct 1 2008.

Will he be in OPT status till the end of this year because he has OPT Or H1B status will automatically overtakes it?

Appreciate your help.


Thanks,
Chandra

[lawanwadee]

Hi,
My friend is in F1 status and currently in OPT.
His OPT expires on 12/31/2008.

His employer filed H1B and got approved.
Usually, one can change the status to H1B from Oct 1 2008.

Will he be in OPT status till the end of this year because he has OPT Or H1B status will automatically overtakes it?

Appreciate your help.


Thanks,
Chandra

No, if he chooses to change his status while in US instead of returning to his home country for consular processing, he will have to validate his H-1B by leaving US, maybe to CAnada or Mexico and re-enter so he will get his passport stamped.

[chandraindukuri]

I will say my question more clearly...

He just want to stay in US till Dec 31st and want to go Canada or Mexico on Jan 1st and get stamped. Because his OPT is valid until Dec 31 2008.
So, from Oct 01 2008 to Dec 31 2008 will he be in OPT status or H1B status?

[lawanwadee]

I will say my question more clearly....

He just want to stay in US till Dec 31st and want to go Canada or Mexico on Jan 1st and get stamped. Because his OPT is valid until Dec 31 2008.
So, from Oct 01 2008 to Dec 31 2008 will he be in OPT status or H1B status?

If he wants to work under H-1B as soon as the visa begins, he has to leave and re-enter US. I would recommend starting with H-1B in October otherwise USCIS may interpret this delay as cancellation and assign this quota to someone else.

[lawanwadee]

chandraindukuri....

Read disclaimer first...
What you need to know is when you ask legal question, for your own benefit, give details as much as possible.
There are times that accurate response is not what you expect to hear.... so don't whine... grow up!!