F1 - H1 conversion (not sure when will graduate)

[concerned_student]

Hi,

I am student currently pursuing my Masters. I plan to graduate by December 2012.
However, in the extreme case (conflict with advisor) my graduation may extend to spring 2013.

I have informed my employer about this. My employer wants to file a loose consular processing H petition for me.
The employer says that the petition will be valid for three years with a possible start date of October 1, 2012.
I do not have to activate the H status until I wanted to within its validity dates. The way to activate it would be
to travel to my home country, get the visa stamped and travel back.

I am a little concerned about this situation and would be grateful if some one could help me with these questions:

1. Where can I learn more about this type of delayed H1-B petition. (I tried searching but could not find any specific information)

2. Once the petition is approved can I travel outside the United States and still enter with the F1- visa ?
In other words, do I have to enter on H1-B visa if I travel outside the United States ?.

2. When does my H1-B visa actually start ? Does the time from October 1, 2012 to the time I actually activate the visa (by means of travel) count towards the total amount of time I am allowed to work on the H1-B visa ?

Thanks a lot for the help.

[shervin143]

1. Where can I learn more about this type of delayed H1-B petition. (I tried searching but could not find any specific information)
>>> Google for consular process Vs COS (Change of status).

2. Once the petition is approved can I travel outside the United States and still enter with the F1- visa ?
>>> Yes. Once the H1B gets approved, talk to your school and make sure your SEVIS is still active.

In other words, do I have to enter on H1-B visa if I travel outside the United States ?.
>>> No. There is no such compulsion.

2. When does my H1-B visa actually start ? Does the time from October 1, 2012 to the time I actually activate the visa (by means of travel) count towards the total amount of time I am allowed to work on the H1-B visa ?
>>> No. Only the time spend in U.S in H1B (+ L1) status will count towards the 6 year H1B limit.

[concerned_student]

2. Once the petition is approved can I travel outside the United States and still enter with the F1- visa ?
>>> Yes. Once the H1B gets approved, talk to your school and make sure your SEVIS is still active.

Hi shervin143,

Thanks a lot for the reply.
Can you comment on which option is better (safer) in my situation:
1. Ask the employer to delay filing H1B till I can graduate and start working on OPT. In this case the employer should file the petition with COS.
2. Ask the employer to go ahead and file H1B petition with Consular Processing and then convert it to H1B by travelling and restamping some time in the future.

Also, once the H1B petition is approved should I inform my school about it ? (I did not understand the part related to the SEVIS being active)

Thanks a lot for the help. I really appreciate it.

[shervin143]

1. Ask the employer to delay filing H1B till I can graduate and start working on OPT. In this case the employer should file the petition with COS.
>>> Well, you cannot file the H1B whenever you like. The CAP need to be open. It looks like the CAP for 2013 will be closing sooner than the last 3 years. But this is an option that you can consider.

2. Ask the employer to go ahead and file H1B petition with Consular Processing and then convert it to H1B by travelling and restamping some time in the future.
>>> Well, if the employer files a H1B for you as a consular process, the you will secure a CAP that you can use anytime within the next 6 years to file a CAP exempt H1B petition with an immediate start date. That way, you don't have to wait for a CAP to be open in the coming years and wait until Oct 1st to start working. Also, going out of U.S and returning back in H1B visa is not the only option. Any employer can file a COS from F1 or any other status to H1B when you are inside U.S. If the COS gets approved, you can start working without the need to leave the country and re-enter back in H1B visa.

Also, once the H1B petition is approved should I inform my school about it ? (I did not understand the part related to the SEVIS being active)
>>> If the H1B gets approved with COS, then you will no longer be in F1/OPT/CPT. Also, sometimes when a H1B petition is filed, the SEVIS might get deactivated as you have seeked employment. So in your case, even though the petition will be filed for consular process (and gets approved), it is good to make sure the SEVIS is active after Oct 1st instead of assuming that you are in valid F1/OPT/CPT status.