Opt To H1b - Urgent Gurus Pls Help!!!

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vik30000

Registered Users (C)
hi all,

my OPT is valid until dec 2008. employer is applying for h1b starting oct 1, 2008. can i do change of status and continue working from oct 1st OR i need to travel abroad to get h1 visa stamp even though its change of status

pls help
 
You can change the status on Oct 1 provided H1 application was filed and approved accordingly.
 
If you apply H1 on time and got approved (You have to mention that you want to start your H1 from Dec 2008 specifically) you no need to go out for visa stamping before start working. However you have to go out some time later to get your visa stampin for multiple entry.



vik30000 said:
hi all,

my OPT is valid until dec 2008. employer is applying for h1b starting oct 1, 2008. can i do change of status and continue working from oct 1st OR i need to travel abroad to get h1 visa stamp even though its change of status

pls help
Click to expand...
 
vik30000 said:
hi all,

my OPT is valid until dec 2008. employer is applying for h1b starting oct 1, 2008. can i do change of status and continue working from oct 1st OR i need to travel abroad to get h1 visa stamp even though its change of status

pls help
Click to expand...

Based on my experience, the change of status is automatic. Once Oct 1 comes, you are now in H1B status. If you need to go out of the country, then you'll need the stamping
 
You have a limited window before your start date to file; you cannot file too far in advance otherwise people could file before April 1 to start on Oct 1.
 
re:

thanks a lot guys, one imp question. do i need to include I-539 as part of the h1b application for change of status from OPT to H1 OR just indicating it on I-129 should do

pls help, thanks.
 
vik30000 said:
thanks a lot guys, one imp question. do i need to include I-539 as part of the h1b application for change of status from OPT to H1 OR just indicating it on I-129 should do

pls help, thanks.
Click to expand...

I-129 itself is sufficient ... I-53 is for dependants. Your status will change automatically to H-1B from October 1, 2008. Please replace your I-94 with the same provided along I-129 approval notice while travelling abroad.
 
manwithnoname said:
I-129 itself is sufficient ... I-53 is for dependants. Your status will change automatically to H-1B from October 1, 2008. Please replace your I-94 with the same provided along I-129 approval notice while travelling abroad.
Click to expand...

Do we need to do anything with the old i-94 (the one I got as a student) once the H1-B status is active?
I still have it :rolleyes:
thanks
 
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