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H1B Change of Status to Consular processing

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  • H1B Change of Status to Consular processing

    Hi All,

    I am on F1 visa and doing my final semester thesis. The company that I got placed processed my H1B visa with change of status so my visa will automatically change to H1 on October 1st, 2013. Since my thesis was not in a good shape, I did not know my graduation date until now. My professor informed my graduation date to be September 2nd, 2013 a few days back.

    Since I thought my graduation will take time, I thought I can directly join work on H1B so did not apply for an OPT. But now since my graduation date is before Oct 1st, I will have to apply for OPT so I did that this week. Some of you could suggest that I might come under F1 Cap-Gap extension after my graduation until Oct 1st so I can wait until then to join work.

    The problem I have is my company is not ready to take me in on October 1st. Owing to orientation norms, new employees should join only on mondays and the first monday in October 2013 is 7th. If I have to join on 7th, my company says it will have to refile. I don't understand this.

    Is it a problem if my visa status changes to H1 on October 1st but I join job on 7th?? If my OPT gets approved, I can join work before october and change of status will happen on its own. But what if my OPT does not get approved?

    Awaiting your expert responses.

    Thank you.

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