This article discusses how to activate your H-1B status within the U.S., explaining the pros and cons of this option.
Activating H-1B Status Within the U.S. (Change of Status)
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Most H-1B applicants in the U.S. will default to the Change of Status option for activating their H-1B unless they specifically request the consular process.
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For applicants choosing this option, once the petition is approved, their H-1B status will automatically take effect on October 1 of that year. Moreover, the applicant will receive an I-797A approval notice.
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The advantage of this option is that you can change your status to H-1B without leaving the country. Even if your OPT expires after submitting your H-1B petition, you are still authorized to work during the H-1B Cap-Gap until September 30. This allows you to stay in the U.S. and wait for your H-1B status to become effective.
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One disadvantage is travel restrictions. Before your H-1B status takes effect, you cannot leave the U.S. If you do, your Change of Status application will be voided. You would then need to attend an interview at a U.S. consulate abroad to obtain an H-1B visa and re-enter the U.S. on an H-1B visa to activate your status.
- Another drawback is that if you still have some OPT time remaining after October 1, choosing automatic activation of your H-1B means giving up that time. To fully utilize your OPT before switching to H-1B, consider activating your H-1B status through re-entry.