H1b approved with consulate processing and contract changed but client is same

[samual04]

Hi,

I'm currently working under STEM OPT. My h1b is approved without change of status. My employer has filed my h1b under the old contract but after x months, my company has changed the contract with the client. Under the new contract, I will work with the same client and in the same project. My employer is not willing to file the amendment because the new contract expires earlier than the old contract. Since my h1b is approved under the old contract, my employer is suggesting me to go to the consulate and get it stamped or I should stay on STEM OPT until my approved h1b expires and they will apply for extension based on the new contract. I have the client letter from the old contract but it's 10 months old.

What should I do in this situation?

[abecede]

How old the contract is shouldn't effect your stamping BUT you have to think what to say when/if consular asks what do you do or which company you work for etc. I think how many months left in your H1B time is more important in this case.

[samual04]

Thanks for your response.

I need more insight into the second approach. FYI, My STEM OPT expires on May 2021 and h1b is approved with consular processing until Dec 2020. My employer is suggesting to me that they will apply for h1b extension with the new contract in Nov 2020 and try to get it to approve before my STEM OPT expires since it is a safer option. Meanwhile, I will maintain my legal status within STEM OPT.

What is your view on this option?

[abecede]

Ah i think you already lost your OPT status. Please talk to a lawyer as this is just my opinion as a random guy. As far as I know, once your h1b is approved, your status's been changed to H1B and you are no longer in F1-OPT status. eg. if you leave US, you cannot come back using your current f1 stamp since it's no longer your status.