F-1 to H1B , which is best process COS or Consular process?

USA H1B Visa
1

Hey,

I came to US on valid B1 visa and converted to F1 Student(COS). Now my graduation date is on April 2016 and planning to apply H1b even though I am eligible for OPT…

Which is best option for apply H1b through COS or counselor process(CP)?If my H1b approved by COS/CP ? can I still be on Student status and work on OPT(1 yr) + STEM extension (I know STEM ext. approval is in pending decision, but I want to utilize my OPT)If H1b approved by CP , can I eligible to work immediately? Or do I need to go my home country for stamping?If employer agrees is it possible to apply GC , while you are on OPT?Thanks in advance.

2

  1. COS is preferred as then you can start working on H-1 from Oct 1 and not need to get it stamped immediately.

  2. Once your COS is approved, you can no longer avail F-1 or OPT. If it is filed w/ consular processing, then you can continue to work on OPT until its expiration date

  3. In case of CP, you cannot work on H-1 until you enter on stamped H-1B visa or get a separate COS application approved. You need to have a valid I-94 w/ H-1 annotated in order to work on H-1. You will get it only through COS or entering on stamped H-1B visa

  4. Yes, they can start the process

3

Thanks for prompt response and answer are very helpful.

In case of CP : 1. If I apply for COS upon approval I can work immediately without entering on stamped for H-1B visa?
2. Prior to what OPT time period, do i need to apply for COS?
3. Apply H1b through counselor process need to apply against April 1st filing?

4

  1. You can work from COS effective date. If approved prior to Oct 1, then Oct 1 will be the start date. If approved after Oct 1, the actual approval date will be the start date.

  2. COS can take 3-4 months to process. So apply for it at least 3-4 months prior to OPT expiration. In addition, if it gets delayed and your OPT expires, you need to stop working.

  3. Yes, April 1 is the filing date for both CP and COS H-1 petitions.