[annecharlotte19]

I am an international masters student with an F-1 visa. I'm graduating in June 2014, and will start working in Sept. 2014. I fully expect to have my OPT in order to start work in June (will work immediately after graduating at different jobs). Meanwhile, the company that has hired me full time in August wants to file the H1b petition for me this year (they don't want to delay to next year even though I will have 12 plus 17 or 29 months OPT coming to me). I am not so sure I want to dely also, given it is a lottery.


I believe I have two options for the H1b :
1) file H1b using "change of status", and in this case, I will use my OPT to start work in August 2014, and automatically switch to H1b in October 2014.
2) use "consular processing" and, in this case, I can choose to use my OPT for a certain length of time. MY QUESTION IS... how long could I string my OPT out? The advantage of this is not taxes as I am now a resident alien and have to pay FICA taxes. The advantage would be flexibility to work for multiple employers (I don't think there are any tax savings either way).
Assuming it is not problem returning to Canada to activiate my H1b, how much time can I delay it and stay on OPT?

Does working under an OPT visa as long as possible (before transiting to H1b) hurt me in terms of getting a green card? What kind of time frame would I be looking at, given I am in a STEM field? Does delaying H1b hurt me in any other way? My employer will go after a green card for me as soon as humanly possible.

ANY FEEDBACK IS VERY MUCH APPRECIATED !!!

[lawanwadee]

H1-B visa can be submitted only once a year in April, you can't file change of status in October.

For your own benefits, please discuss this issue with the firm's attorney asap.