F1 to H1 Change of Status Effective Date

vishsh

Registered Users (C)
I know that an H1B visa can be applied for as early as upto 6 months prior to the intended Start Date of working on that visa. I am currently on OPT which will expire on August 15th, and so I have decided to apply for the H1 with a start date of sometime just before the OPT expires, say August 1st 2004. Due to the current scenario, if I apply using the premium processing to ensure that I dont have to wait until the next fiscal year(Oct 2004) to get my visa approved, and if my visa is approved anytime during Feb 2004, with the start date of work during the first week of August 2004, then my questions are :-

(1). When does my status officially change from F1 to H1? Does it change in August 2004 at the Start date of work on the H1 petition? Or will it change as soon as the visa is approved (sometime during February)? (I think it will be in August, but just wanted to confirm this) I am asking this because I think that there are lot of advantages of remaining in the F1 status as long as possible - mainly the taxes deducted.

(2). Are there any disadvantages if anyone knows of any, (considering the current H1 visa cap scenario), of putting the start date of employment on the petition to be after 5 months instead of an immediate start date? Would USCIS have a problem with such a petition, with a start date 5 months in future, being applied with a Premium processing, considering that premium processing is usually done if one needs to start employment ASAP.

Thanks.
 
1. H1 starts on the start date mentioned in the h1 approval
2. Should not be a disadvantage
 
Top