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?
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.
I also suggest working with one selected and trusted immigration licensed professional. Why? Because you care about the end result.
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Personal Injury Lawyer
Work with an immigration lawyer
John Lassen 1-877-252-4630
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.
Personal Injury Lawyer
Speak with an immigration attorney on this one