Guestbook Entry for Anitha, United States
Name
Anitha
Country
United States
State
OH
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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.
My husband and I did our GC processing simultaneously with the help of Mr. Khanna's law office. We figured it would be a good idea to process both applications to play it safe in this post modern era of corporate mergers and acquisitions that some times kill the GC paper work half way. We ultimately got our GC's through my husband's application. It was through a regular Labor certification and Consular process in Chennai. The whole process took us a little over 2 years. In addition to Mr. Khanna himself, who was absolutely fantastic, we worked with Suman who was good until we got our labor certification. Diane Lombardo helped me with my case and was excellent.