OPT expiration and H1B Visa on COS

[manofsteel1]

I just finished my masters from a US university and my OPT(for a total duration of 12 months) started last week. I had received and accepted an offer with a tech firm based in the Bay area. They had then applied for my H1B (through change of status) and got it approved. However in the meantime I started working on my startup, and got excellent response making me confident enough to pursue it going forward. (and with 1 year of OPT I could have easily raised investment by December and perhaps got my own H1B sponsored for next year). However I was told that if the employer applied for H1B with change of status, I will necessarily need to join them on or before October 1st as the Visa status changes from F1 to H1B on that date and if I don't join the employer I won't have a valid visa to stay in US after 1st October. To summarize: Is it true that after your H1B has been approved through Change of status, there is no way you can get it cancelled and still continue using your OPT?

 

[CalGreenCard]

Also, it might be safer to start working for this company and see how it goes- what if your own company is not strong enough to sponsor you after one year? H-1B for the owner of a company is scrutinized fiercely and it is very difficult to get.

Just to be clear--the time window is 29 months, not 1 year. Starting a business is eligible for a STEM OPT extension assuming the field of study was STEM-related--which I assume it is given that the OP is now working for a tech company. OPT is initially for 12 months but the STEM extension is for 17 months for a total of 29 months.

IMHO 29 months is long enough to figure out if the company is viable enough to sponsor the OP--and, if not, find other employment that will sponsor you. Remember that if you don't go for it now, it may be many years before the opportunity to start a business presents itself again. And hi tech entrepreneurship definitely favors the young--so you may find that if you "play it safe" you may never see a similar opportunity again.