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Can I delay effective date of approved H1b Visa?

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  • Can I delay effective date of approved H1b Visa?

    I am masters with STEM major. I am currently working on OPT (expires July 2014) . I will be applying for both OPT extension and H1B this year through my employer. In case both my OPT extension and H1B is approved, I would want to utilize my OPT period. My question is - Can i postpone my approved H1B visa to be effective from next year? If yes, Do my employer have to pay the processing fees again next year?

  • #2
    [COLOR=#333333][FONT=lucida grande]There was a recent post on similar topic-[/FONT][/COLOR]https://www.facebook.com/desiopt1/posts/824633080887396

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    • #3
      Originally posted by nikil View Post
      I am masters with STEM major. I am currently working on OPT (expires July 2014) . I will be applying for both OPT extension and H1B this year through my employer. In case both my OPT extension and H1B is approved, I would want to utilize my OPT period. My question is - Can i postpone my approved H1B visa to be effective from next year? If yes, Do my employer have to pay the processing fees again next year?
      If you’d like to apply for OPT and STEM extension and use the STEM extension, then the H-1B should be filed as a consular processing case (not change of status). This way, if H-1B is chosen in lottery and approved, your status will not change on October 1. When you are ready to go on H-1B, you can leave the country, get your H-1B visa stamped abroad and re-enter on the H-1B. The employer will have no cost. In the alternative, your employer can file an H-1B petition to amend the consular approval to change of status approval but that will mean the employer has to pay the $325 filing fee again.

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      • #4
        Hi anderson,

        I have similar question.

        Right now, I am on my 12 month OPT and applied for STEM extension today. I have received the following information from my Attorney.

        "Alternatively, given your STEM OPT, your petition for H-1B may be filed Consular notification (referred to as Notify the Office or "NTO"). This would allow you the opportunity to obtain a highly coveted H-1B slot, but not start your H-1B until after you have exhausted all STEM OPT. Once you were nearing the end of your STEM OPT you would need to have your H-1B approval processed at a US Consulate (H-1B visa stamping) and then enter using the H-1B visa prior to STEM OPT expiration. "

        From the above information, I have decided to apply my H1B in this April 2015 as NOTIFY THE OFFICE. Today, I went to my school and asked the same question they were saying once my H1B is approved as change of status, my SEVIS record would be closed.

        Since I have applied H1B as NOTIFY THE OFFICE, will be sevis record will be closed. If so what should I need to do.

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