H1b petition filing without change of status (from F1)

A

atishp04

New Member
Hi,

I am currently on F1. I will be starting my OPT from August. My employer wants to file for H1B in april.

I have travel plans from June 1st to July 25th. I am planning to comeback only with EAD card.

The Fragomen(my employer assigned law firm) para legal said I can travel if H1b is filed with loose application (i.e. without change of status).

As per her If I get the H1b visa in lottery, my status will not be changed until I request it again. Thus I can travel to India and comeback before october 1.


Any suggestions whether it is correct or not??
 
Whenever a petition or application is filed there are two results of it. One is petition or application's result i.e. approved or denied and second is change of status or extension of status (COS/EOS), In your case what they are trying to tell is they will opt for consular processing of H-1B at your home country or neighboring countries, so after H-1B is approved you go to US Consulate get H-1B visa endorsement and enter in US on that visa. I think you can come 10 days earlier than H-1B start date, i.e. 3rd or 4th week of September OR if you plan to enter US on July 25th you will be entering in US on F1 visa and then again file I-129 new employment, not subject to H-1B quota since you are already being assigned one previously.
If you are from STEM occupation your EAD is valid for total of 29 months, in that case you may not require to file H-1B OR suppose assuming your EAD is only for 12 months and if this is your first EAD starting from AUG 2014 it should be valid until AUG 2015 and you can choose to file H-1B next year APR 2015 using bridge gap provision from AUG 2015 until 30th SEP 2015.
 
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