Guestbook Entry for Arul Palanivelu, United States
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Arul Palanivelu
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United States
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Can I delay using an H-1B visa to utilize the STEM extension period?
Question details
I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?
FAQ Transcript
If you have time left on your STEM OPT but have won the H-1B lottery, you can technically opt for H-1B consular processing and continue using your STEM OPT. However, since 2023, this approach has become riskier.
The safer option is to proceed with an H-1B change of status. If you delay the H-1B activation and later face job loss, transferring the H-1B could be more complicated. While consular processing is still possible, it carries uncertainties. If it were my case, I would choose the change of status for a more secure transition.
I got my Immigrant Visa thru Consular Processing on August 2000. Law Offices of Rajiv Khanna helped me through the process. His staff were generally helpful and knowledgeable. Among other things one I most appreciated was the fact Rajiv made time to reply every e-mail queries I sent and return every phone messages I left. That was re-assuring during various stages of the process. I will certainly refer them to anyone who wants immigration/non-immigration services.