Earliest date to apply for H1 visa

[Raj1994]

I'm currently on F1 OPT, which expires end of Nov 2002. My employer is processing my COS to H1 with a start date of Dec 1, 2002. I am probably going for premium processing as I need to travel and would like to enter back with a H1 visa stamp.

If the change of status to H1 is approved say in another 2 weeks, with a start date of Dec 1, am I still in F1 status until the OPT period ends?

Can I go out of the country and get an H1 stamp in September, even though my H1 start date would be Dec 1? In other words, is there a date before which one cannot apply for the H1 visa at the consulate?


Raj

 

[jaxen]

Yes you are on OPT until it expires. make sure that there is an overlap to avoid even a day of being on out of status.
You should be able to get the stamp. But I thought that either you need a valid F1 or a parole like document to enter US back while on OPT. i.e. you might not be able to enter back in US before Dec 1 (or whatever is the start date of h1 as per visa in passport)