I’m applying on April 2009, When Does H1B Visa Start?

Students studying MS usually have this kind of question, if they are applying for H-1B visa before graduation.

Madhura Asks

I will be done with my MS in S/W Engineering by 10th Oct 09 and will be applying for OPT 3 months before that. But I am also applying for H1-B Visa this year in the Open Quota of 65,000.
If my H1-B is approved. Will it automatically start from 1st Oct 09 ?
Is it upto me to opt for OPT or H1-B at that point of time?
Can I remain on OPT status until I get project and once I get a project then change my status to H1 ?

H1B approval start data

USCIS have a clearly defined rule for this and we can assume that’s the reason April 1 was selected to apply for H1B and October 1 as start date for specific Fiscal year. Petitions can request upto 6 months in advance for H1B approval start date.

If H-1B visa application was filed on April/1/2009 then if the application is selected in lottery and I797 is approved, the start date cannot be later than October/1/2009. Because of the 6 months rule.

If for instance, H1B visa is filed on April/15/2009 then start date can from October 1 to October 15 can be requested. But no later than October 15. This rule might apply even for H1B transfer.

Will H1B Automatically start on Oct 1st 2009?

There are more rules associated with change of status from F1 Visa to H1. You will have to talk to your immigration lawyer submitting your application. Ask about applying for H1B without Change of status, but I’m not sure if they will be wiling to submit H1 petition without COS. But, if your H1 application was submitted with COS application, then automatically your status will become H1B from October 1 2009.

If someone one is in L1 Visa they can submit H1B petition without change of status, but I don’t think that option is possible for F1 to H1B. Again, its always good to spend few dollars to consult with an immigration specialist, who can suggest more options based on your scenario. [ Read in detail about After H1B Approval - What Next?]

This is for information purpose only, if you need more details, consult an immigration attorney.

Related posts:

1. F1 to H1B Change of Status – Explained
2. After H1B Approval – What Next?
3. H1 Visa Approved, OPT Expiring & Out of Status 5+ Months
4. OPT to H1B : OPT Expiring before H1B start date (2008)
5. Applying for H1B Visa 2009 (FY 2010) – Think Twice!
6. H1B Quota 2009