F1 OPT to H4 approved - File H1B in consular processing or Change of Status?

(Anonymous) #1

Hi Anil,
My wife is currently on F1 OPT and we got her h4 and ead approved which starts 05/01 and is valid till Aug 2021.

We are still planning on applying for her H1b next month. In this case, do you think counsellor processing H1b is better than the conventional COS?

Her lawyer suggested to go for counsellor processing since she gets 2+6 overall years working in US. I wasn’t sure because i personally never seen anyone do counsellor processing so thought I would ask… do you know pros/cons of going with counsellor processing?

(Anil Gupta) #2

Consular processing is better if you want to control when your spouse’s status changes in US.

If you file ‘change of status’, you will NOT know when the status changes from H4 to H1B.

The status will change automatically on the day USCIS approves H1B and from that day, she has to be in H1B status.

That gets tricky as you will need to move to H1B employer immediately the same day.

With consular processing, you control the switch date as you would need to go out of USA and then get H1B visa stamp.
When you enter USA, you can choose if you want H1B or H4 and then you would know what status you are entering USA on.