OPT (F-1) to H1

lalla

Registered Users (C)
Hi,

Can someone help me with this? Any help is very much appreciated. Thanks

My wife came to the US on L1B and then changed over (COS) to a F1. The L1B that she entered on expired > 12months ago and she hasn't travelled outside the US since the COS to F1. She just received her OPT card that is valid till the middle of next year.

She is about to graduate, has a job that starts in June and plans to ask the company to file a COS to H1B a month or so after joining. The questions are:

1. Since the original entry visa expired >12 months ago, can the COS be done here in the US or does she have to travel out of the US for that?

2. Is it the approval notice for H1 or the actual stamping that is counted against the H1B cap? Isn't stamping of the H1B on her passport just a formality (once the approval is done) that she can do anytime she travels outside the US?
 
Originally posted by lalla
Hi,

Can someone help me with this? Any help is very much appreciated. Thanks

My wife came to the US on L1B and then changed over (COS) to a F1. The L1B that she entered on expired > 12months ago and she hasn't travelled outside the US since the COS to F1. She just received her OPT card that is valid till the middle of next year.

She is about to graduate, has a job that starts in June and plans to ask the company to file a COS to H1B a month or so after joining. The questions are:

1. Since the original entry visa expired >12 months ago, can the COS be done here in the US or does she have to travel out of the US for that?
+++++++++++++Can be done within USA. But in july, there may be no H-1 quota left.

2. Is it the approval notice for H1 or the actual stamping that is counted against the H1B cap? Isn't stamping of the H1B on her passport just a formality (once the approval is done) that she can do anytime she travels outside the US?

+++++++The approval.

 
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