01/03/2018
Department of State 90-Day Rule on F-1 OPT Students
Under this 90 day rule someone who files a change of status application to an H-1b within 90 days of entry into the U.S. runs the risk that the government will claim that the employee willfully misrepresented their intent at the time of entry in the U.S. The application for the change of status to an H-1b could be denied for this reason. If the H-1b application has currently been approved, there could be an issue in the future when the employee applies for the H-1b visa at the consulate, or could be denied an extension, or be refused entry to the US and/or denied a green card application. These rules are all based on whether the employee willfully misrepresents the nonimmigrant intent as a result of filing an H-1b change of status application within 90 days of entering the U.S. as an F-1 OPT student.
Due to this change in interpretation, it is strongly suggested that you contact your company HR and/or immigration attorney prior to any travel plans if your company intends to file an H-1b application this April 2018.