Change of status or Consular Processing?

[lingdeer]

I am an F1 student currently on OPT. My OPT will expire in mid Sept 2016. Since Stem OPT is now still up in the air, my company will be filing my H1B application for this year in April.

Because of a family event, I have to go back to my home country in late Sept. Which means if I file a change of status from my F1 to H1B, leaving the country in late Sept will mean me abandoning my status, am I correct?

Instead, I was suggested to file a consular processing. Which means I have to leave the US after my OPT expire and go back to my home country to file my H1B visa. And I will return to US with H1B visa and start working after Oct 1.

So comparing change of status and consular processing, I assume I should go with consular processing? Is there an drawback with this option compared to change of status?

Your advice is highly appreciated!!!!

[William_21]

Hmmm, I am not sure that is the way to think about it. Consular processing and adjustment of status are usually part of family-based immigration.

An H1B application stands on its own. You need to file in April to be considered. If it is granted, and you are allowed to work starting October 1st, then yes you might leave your job early september / leave the U.S. / come back on the H1B.