H1B petition without change of status (COS)

[Atish KUmar Patra]

Hi,

I am currently on F1. I will be starting my OPT from August. My employer wants to file for H1B in april.

I have travel plans from June 1st to July 25th. I am planning to comeback only with EAD card.

The Fragomen(my employer assigned law firm) para legal said I can travel if H1b is filed with loose application (i.e. without change of status).

As per her If I get the H1b visa in lottery, my status will not be changed until I request it again. Thus I can travel to India and comeback before october 1.


Any suggestions whether it is correct or not??

[raghvi]

Hi,

I am currently on F1. I will be starting my OPT from August. My employer wants to file for H1B in april.

I have travel plans from June 1st to July 25th. I am planning to comeback only with EAD card.

The Fragomen(my employer assigned law firm) para legal said I can travel if H1b is filed with loose application (i.e. without change of status).

As per her If I get the H1b visa in lottery, my status will not be changed until I request it again. Thus I can travel to India and comeback before october 1.


Any suggestions whether it is correct or not??

Your lawyers are right. If you travel before COS to H1 approval, its better to file H1 as consular process. The drawback is that the employer would have to file a F1-OPT to H1 COS again in order to move you to H1. If employer is fine with that extra cost I dont see any issues.

This is my opinion not legal advice.

[Atish KUmar Patra]

Your lawyers are right. If you travel before COS to H1 approval, its better to file H1 as consular process. The drawback is that the employer would have to file a F1-OPT to H1 COS again in order to move you to H1. If employer is fine with that extra cost I dont see any issues.

This is my opinion not legal advice.

Thanks raghvi for your advice.