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I’m about to graduate from college. If I find a company willing to sponsor an H-1B for me, I’d like to know whether I need to do a ‘change of status’ from student status, or whether I need to file for a new H-1B work visa. I’ve heard that if I do a change of status, I might not be able to re-enter, so I’m wondering if I should apply for the visa without doing a change of status.
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If handled from within the U.S., you would change your status to H-1B. This is not “illegal.” To receive an actual work visa (stamp), you would need to obtain it through the U.S. consulate in Korea rather than in the U.S. However, unlike a student visa, a work visa cannot be applied for at the consulate until after USCIS has approved the H-1B petition.