Recently, Goelite has received numerous messages from our client who were selected in this round of the H-1B lottery, wondering:
Can you fully utilize the 24-month OPT extension before activating your H-1B?
✅ The answer is a YES, You can !
However, it is crucial to immediately communicate with your company's HR or the applying attorney to make clear your intention to delay the activation of your H-1B. This requirement needs to be reflected in the H-1B application package they are preparing. Once the application is submitted to the immigration office, it will be too late to make any changes!
Let me explain in detail how you should proceed:
Step 1: When filling out the I-129 form, choose to activate the H-1B from outside the U.S.
If you're considering continuing to use your OPT and delaying the effective date of your H-1B, it's essential to discuss this with your company and lawyer during the H-1B application process. When applying for the H-1B and filling out the I-129 form, you should opt for activating your H-1B through the consular process outside the U.S. instead of changing status within the U.S.
Step 2: Ensure that your original status remains valid until your H-1B takes effect!
For those planning to delay the effective date of their H-1B, you need to contact your school's DSO before and around October 1st to explain your situation and ensure your SEVIS status remains active, preventing the accidental termination of F-1 SEVIS status once H-1B is approved on October 1st.
If you missed the critical step of "contacting your school" mentioned above, we've seen many applicants who, after being asked to leave the U.S., contacted their school to reactivate their SEVIS status and successfully re-entered the U.S. with an F-1 visa. It's just more troublesome and involves more effort.
Additionally, F-1 students encountering issues at customs can request the "I-515A, Notice to Student or Exchange Visitor" form. This form is designed for students and exchange visitors who face entry issues, including problems with SEVIS status. It allows temporary entry, giving you 30 days to submit the required materials to SEVP with the assistance of your school's DSO to resolve any entry issues within the country.
