If your condition: OPT expire 8-31, assume grace period till 10-30.
your options.
1. H1 to be filed after 10-31, no way. BCIS will reject COS and you are in illegal stay starting 10-31. H1 filed before 10-30, still unsure because F1 has technically ended and you are in grace period. But COS approval is still possible but still has a risk (after all, a big 8-31 exp date on your EAD card is hard to miss by human eyes).
2. F1 new enrollment now, re-instatement (or may not even need to re-instate if register before 10-30 and ISO agrees). but the price is you need to stay a semester with school and can't plan the H1 start date until the first semester ends, or even worse, if F1 reinstatement is slow, you need to wait for that.
3. Plan a vacation (all family) back to China before 10-31 and also secure the I-20 (but no F1 reinstatement). All your stay in US before 10-31 is legal. And once your H-1 premium is approved (by mid-November) you can get H1/H4 visa in China and come back to US in November. The risk is, if the company changes their mind, you won't be able to return to USA.
But you can then try F-1 visa using that I-20 admission, but F1 visa is harder to get than H1 visa.
your options.
1. H1 to be filed after 10-31, no way. BCIS will reject COS and you are in illegal stay starting 10-31. H1 filed before 10-30, still unsure because F1 has technically ended and you are in grace period. But COS approval is still possible but still has a risk (after all, a big 8-31 exp date on your EAD card is hard to miss by human eyes).
2. F1 new enrollment now, re-instatement (or may not even need to re-instate if register before 10-30 and ISO agrees). but the price is you need to stay a semester with school and can't plan the H1 start date until the first semester ends, or even worse, if F1 reinstatement is slow, you need to wait for that.
3. Plan a vacation (all family) back to China before 10-31 and also secure the I-20 (but no F1 reinstatement). All your stay in US before 10-31 is legal. And once your H-1 premium is approved (by mid-November) you can get H1/H4 visa in China and come back to US in November. The risk is, if the company changes their mind, you won't be able to return to USA.
But you can then try F-1 visa using that I-20 admission, but F1 visa is harder to get than H1 visa.
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