Regarding OPT to H1B

[joeferns79]

Hi,
I am on OPT at the moment and it ends on Jan 15, 2007. I'll be applying for H1B status soon. Since I want to make full use of my OPT, as the tax to be paid is less than on H1B, I wanted to start using my H1B from Dec 15, 2006. When is the best time to apply for the H1B ? Do I have to apply immediately or do I have to wait 6 months prior to Dec 15, which is June 15, to apply ? I heard from someone that if you need your H1B to start from December, then you have to apply only 6 months before that, and you shouldn't apply in April, when most people usually do because then the H1B tax will start in October, 2006. I'll be availing of the 20,000 quota for students graduating from US universities, do you think it will be a problem if I wait or should I apply now itself ?
Thanking you in advance !!

[andyargs]

If u get an approved H1B (I797) with a new I-94 attached to it, ur status is changed effective that date. U can't postpone ur start date by 6 months. You have to wait till dec (which is a risk to be taken) and apply for H1B to have ur start date in Dec.

[leifbooger]

It makes sense to use your OPT to the last possible date. Why should you need to pay social security & medicare when you wont be receiveing the benefits of either of them anyways.
if your OPT is ending Dec 15, I would suggest filing your H1b on November 1. Technically when you file for an H1b you get a lien number within a week of filing. You can start working as soon as you receipt number. You dont need to actually wait for the 797 to arrive which could be 2-3 months.

[joeferns79]

Actually my plan was to travel to India after I get my visa stamped in Canada on or around Dec 15. If I don't have my I797 in hand by then, will I be able to answer the interview in the first place ? If yes, then can I travel to India without the I797 and get back without problems ?

[joeferns79]

Don't you think that the quota for students graduating from the US(20k), will get over if I wait till November or so to apply ? When did that quota end last year ?