Guestbook Entry for Sudhir Malhotra, United States
Name
Sudhir Malhotra
Country
United States
State
IL
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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.
Regarding my parents' immigrant Visa through consular processing at New Delhi I would like to thank the team at Atty Khanna's office. We filed in July 2009, and got it in May 2011. During the process there were many challenges, the department requested a few documents over and over again, and sent their papers to Lahore consulate (they were born in Lahore, undivided India). Each challenge was met and finally the got the permamnent Visa. I wish to thank Prernaji, Atty Chacko and the rest of the Team at Law offices of Rajiv S. Khanna. Without their support and guidance, it would not be possible for me to get this done on my own. Thanks again.