CanI change to an H1B while my OPT is processing?
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CanI change to an H1B while my OPT is processing?
I have completed my master’s recently in the US. I have applied for OPT but before the approval of OPT, I want to apply for an H1B visa and my employer is interested in filing for me. Can I file for H1B before the approval of OPT or by requesting to cancel my OPT.
Asked on October 31, 2011 under Immigration Law, Massachusetts
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, you can have the employer file for your H-1B while the OPT application is pending. Keep in mind that it typically takes longer to get the H-1B application approved 4-6 months through regular processing than OPT EAD approved (typically 90 days) so I would probably suggest that instead of canceling the OPT, you just have both of them be pending and if the H-1B is approved before the OPT, the OPT will essentially be nullified anyway. If the OPT is approved first, you can start working pursuant to it right away and then when the H-1B is approved, it will take over from the OPT.
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