From F1-OPT to H1-B

[usaimmigrant]

Hi,

If I am approved for H1B, can I apply for the H1B visa while inside the U.S. or do I need to go back to my country (south america). I much prefer to apply for the visa either inside the U.S. or at least in Canada or Mexico which are closer

I'm currently under F1-OPT

Thanks

 

[BigJoe5]

8 CFR 274a.12 Classes of aliens authorized to accept employment.

(b) Aliens authorized for employment with a specific employer incident to status. The following classes of nonimmigrant aliens are authorized to be employed in the United States by the specific employer and subject to the restrictions described in the section(s) of this chapter indicated as a condition of their admission in, or subsequent change to, such classification. An alien in one of these classes is not issued an employment authorization document by the Service:

(6) A nonimmigrant (F–1) student who is in valid nonimmigrant student status and pursuant to 8 CFR 214.2(f) is seeking:

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(iv) A Form I–766, “Employment Authorization Document,” under 8 CFR 274a.12(c)(3)(i)(C) based on a 17-month STEM Optional Practical Training extension, and whose timely filed Form I–765, “Application for Employment Authorization,” is pending and Form I–766 issued under 8 CFR 274a.12(c)(3)(i)(B) has expired. Employment is authorized beginning on the expiration date of Form I–766 issued under 8 CFR 274a.12(c)(3)(i)(B) and ending on the date of USCIS' written decision on Form I–765, but not to exceed 180 days; or

(v) Pursuant to 8 CFR 214.2(h) is seeking H–1B nonimmigrant status and whose duration of status and employment authorization have been extended pursuant to 8 CFR 214.2(f)(5)(vi).

Look up the above sections at: http://ecfr.gpoaccess.gov/cgi/t/tex...&c=ecfr&tpl=/ecfrbrowse/Title08/8cfrv1_02.tpl