Should I remain on OPT or activate my H1B visa by getting stamping?
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I have an approved H1B petition on consular processing. I am in USA on OPT right now and thinking about staying on OPT to save some tax money and have much more flexibility to change job. I am planning to get H1B stamping by next year and then enter USA on H1B. Am I doing right or will it impose some problem in getting H1B stamping for consulate in future if I apply for STEM extension of OPT
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Answer:
I don't know what is STEM extension is and your general immigration goals. I am assuming you eventually want to get a green card and citizenship. Pros of staying on OPT (which you identified) You can easily switch jobs You get more money because not all taxes are levied Your current period will not be count towards overall H1b time. So you potentially get 1.5 years extra for staying in US without green card. Cons Your current company cannot start your green card process In some big companies you generally wouldn't have a choice, they do it by default. If you are in a relatively small company and are trying to figure out your next steps, I see nothing wrong with staying in OPT
Satyajit Malugu at Quora Visit the source
Other answers
Hi, I think you are confusing H1b Petition, and H1b Stamping. Upon approval of your H1b Petition, your H1b Status will be activated depending on when you applied. For example. if you applied in April 2012 for 2013's quota. Your H1b should activate Oct 2012. However, if you applied sometime after October, then your H1b may start anytime it is approved. The petition is to petition for a change in status. However, stamping is that piece of sticker on your passport. Since, at this point, you will have a different status, when you exit the U.S., you must re-enter with a new status. Therefore you need a new sticker that says that you are an H1b holder, no longer an F1 holder (visa that associates with OPT). So the question is, have you already petitioned for H1b, and have you been approved? If the answer is no to either or both of those question. There are pros and cons to each visa types. As OPT: don't need to pay FICA however, you are not considered as a resident for tax purposes as H1B: you are eligible for property tax deductions you can apply for green card will need to pay FICA Personally, I stayed on OPT for approximate 15 months before switching over to H1b, I saved a lot. if you don't have an expensive house to pay taxes for that's what I would recommend.
Melody Kwok
Stamping and Activation are two seperate issues. Melody's answer is correct. You are already on H1B status once the status is approved. Stamping is irrelevant for the status. Your company would already be deducting your taxes for H1B status. Stamping is just a visa procedure to get the visa stamped on your passport, Next time you go to your home country, you will have to get it stamped to re-enter USA. Till the time you are in USA, it does not really matter, if you have the I-797 or US stamped passport, you are on H1B status.
Sapan Shah
Well.. it seems like most of the people who answered this question does not know about consular processing.In consular processing, H1 status does not start as soon as it is approved. You need to go to your home country consular and activate it by yourself by taking interview appointment.I have the same question as asked here and looking for answers.
Priyesh Shah Pilu
You dont really have an option. Once your petition is approved it means you will be on H1b starting with the dates mentioned on your approved 797, I 94. Stamping doesnt mean much, and i have no idea what you mean when you say you want to get it activated? Where did you get that information? I agree with the person below about the pros and cons of being on an H1. I was on an OPT for an extended period of time and although initially i thought it was great i had flexibilty, I realised later what a mistake it was. 1) You never know with H1b, they run out very fast and you might be out of luck if you postpone it till your final year and not get one. 2) Generally employers start your permanant residence process 1 year after your H1 is approved, The process itself takes a long time depending on the country you are from and i would not like to extend it by another year. 3) Tax savings arent really much compared to the peace of mind you will have considering you wont have to worry about point 1. 4) Its not really legal to travel outside the country just on an OPT, as you might have noticed your OPT card will clearly say in bold that its not valid for reentry. People usually still take a chance and travel because they have a valid student visa. I didnt have one, mine expired. If you have an emergency and need to travel out of the country, you will be under a lot of pressure. On the other hand. I have friends who remained on an OPT and started companies, changed Jobs, were jobless and pissed time away. In all the above cases having an OPT is a much better option. EDIT The Extended OPT was created couple of years back for the purpose of helping students who did not get in time to file for their H1b. It is not really designed to be used as a tax break.
Seshank Vemuri
Once your H1B is approved, there is not much of an option; you should activate it or you will risk having to leave the USA once your OPT finishes.The reason is, new rules donât generally allow for H1B transfer if you didnât work for your first H1B approved employer.While you will need sponsorship to change jobs, it is not particularly difficult to change, and OPT has its restrictions too. Not sure how you see savings on taxes between the two options, providing similar salary.
Bruno Guardia
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