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What should F1 student with a H1B approved under consular process instead of Change of Status do to change status to H1b in USA?

Houston, TX |

AS a student on valid OPT F-1 status, H1B was applied this year and approved starting from October 1st. However, change of status was not applied and it got applied under Consular process. Current OPT status is still valid for another 11 months so currently able to work in USA. However is it possible to Change to H1B status (without travelling out of USA for visa) by applying for I-539 within USA? If a I-539 is not possible does it have to be an I-129 H1B amendment?

Attorney Answers 5


  1. Keep it simple. Just travel to the consulate and make sure to start work in H-1B status by October. Don't mess with that by still wanting to work under OPT status.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. I also suggest working with one selected and trusted immigration licensed professional. Why? Because you care about the end result.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  3. Work with an immigration lawyer

    www.Low-Fee-Immigration-Lawyer.com

    John Lassen 1-877-252-4630


  4. You company's attorney should be able to file and help you out.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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