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Applying for H1B, while F1 visa OPT application is pending under admin processing?

Dallas, TX |

I have a F1 visa OPT application pending under 221G visa mantis at a US embassy. My STEM OPT is valid until Aug 2015. It is likely that the admin process background check on my visa application only starts around april 1st. I consulted with a lawyer who suggested that my company file for H1B, but donot file for change of status. He says that having a H1B application filed at USCIS will not be an issue for getting a F1 visa. I have an option of applying next year as well.

Also, let say H1B is filed, how late can I delay transitioning to H1B? I would prefer to stay on STEM OPT work authorization. I understand that without filing for COS, I will need to exit US and apply for H1B visa.

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Attorney answers 3


The lawyer's opinion should be heeded. For second opinion, consult with another lawyer. We do not know all the facts to address your very fact specific situation.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


You need to pose all of these fact specific questions to your employer's immigration lawyer or lawyer of your choice during a paid consultation.

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.


Since H-1 petitions are granted through a lottery you should apply every time you can. And since you will need an attorney for the H-1 you need ask these questions of him/her rather than a blog.

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