F1 to H1B out of status question

[ap_nyu]

Hi All,


My F1 visa expired on December 23rd 2010,I have a job offer and my employer has just applied for my H1B visa via premium processing.But it now turns out that my company wants the start date moved to July 26th 2011.So my question is :

if the H1B petition comes through,due to my start date having changed will there be any problems for me? OR After the H1B comes through can i wait till June to get the visa stamped in my home country? (France)

Can you please advise.I am basically looking for a second opinion.

Thanks

[Celesta]

I am replying from my experience, and if I am wrong, others will correct me.

I am afraid that when you get H1B for a first time, irrelevant of the time a company files a petition, your H1B will only kick in in October. So you will not in fact be able to work till October. I assume that by expired F1 you meant that you have forgone your OPT opportunity. Normally graduates transit from F1 to H1B by the merit of OPT - they apply for an EAD during the grace period and work on OPT until their H1B kicks in.
If you had H1B in the past, I believe you can re-start your H1B at any time of the year, but if you apply for a first time, it does not start until October.

[txh1b]

I am replying from my experience, and if I am wrong, others will correct me.

I am afraid that when you get H1B for a first time, irrelevant of the time a company files a petition, your H1B will only kick in in October. So you will not in fact be able to work till October. I assume that by expired F1 you meant that you have forgone your OPT opportunity. Normally graduates transit from F1 to H1B by the merit of OPT - they apply for an EAD during the grace period and work on OPT until their H1B kicks in.
If you had H1B in the past, I believe you can re-start your H1B at any time of the year, but if you apply for a first time, it does not start until October.

Incorrect as the H1b start date can be any date if the quota for the year is still open. Only in instances when the quota is full, the new quota kicks in on Oct 1st and hence the Oct 1st start date. Does not apply this year as the quota is still open.

[txh1b]

Hi All,


My F1 visa expired on December 23rd 2010,I have a job offer and my employer has just applied for my H1B visa via premium processing.But it now turns out that my company wants the start date moved to July 26th 2011.So my question is :

if the H1B petition comes through,due to my start date having changed will there be any problems for me? OR After the H1B comes through can i wait till June to get the visa stamped in my home country? (France)

Can you please advise.I am basically looking for a second opinion.

Thanks

The issue here is upon approval of the H1b, the effective date your H1b kick in will be based on what was originally requested. That would mean, your F1/OPT eligibility will end as of that date. If you have a pending petition, you could possibly stay as period of authorized stay but only if you move to the new status immediately upon approval.

You would have to leave the country, apply for a H1b visa, wait till the H1b start date of your job and return 10 days prior to the job start date.