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?
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.
Mr Khanna is not only a prominent immigration attorney in US but also a very helpful person. Right from the days of Unitefamilies (back in 2004-2005), he is very helpful and a great adviser in helping us in all possible means. Even though his time is very costly, but he is always much willing to help us with entire heart and without any cost. I am very thankful to Rajiv Khanna for all the advises he has given me in all these years.