👉 Our First H‑1B Lottery Win: What Founders Should Know Before Filing

From OPT to H‑1B: How we’re sponsoring our intern—and why you might not want to activate H‑1B right away.

On March 30, the USCIS lottery pinged our inbox: our year-long OPT intern (an NCSU computer science grad) was selected. Come October, he’ll follow in my footsteps and become Trial & Error’s second H‑1B employee—and I’m ridiculously proud that a product we built is now sponsoring the very talent that will push it further.

(Yes, we’re migrating everyone to Slack, but the OG WhatsApp group still pops off—old habits die hard!)

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What our immigration attorney shared in 15 minutes

1. Change‑of‑Status vs. Consular Processing

   1. Change‑of‑Status (CoS): flips him from F‑1/OPT to H‑1B automatically on Oct 1 ’25 (cap‑gap keeps work authorization seamless).

   2. Consular processing: we still file the petition now, but keep him on STEM‑OPT; he’d activate H‑1B later with a visa stamp¹—useful if you want more remote‑work freedom and to delay the six‑year H‑1B “clock”.

2. Payroll‑tax angle

   F‑1 students are exempt from Social Security & Medicare (FICA) for their first five calendar years in the U.S.—a ~7.65% savings for both sides of the paycheck. Delaying H‑1B keeps that benefit around a bit longer.

3. Location matters

   H‑1B is tied to the metro area listed on the Labor Condition Application (LCA). A post‑approval move means an amended filing + fees. Because he’s relocating to Boston this summer, we’ll file the LCA for our HQ from day one.

4. Real timeline reality

   • Earliest you can file: April 1

   • Deadline: June 30

   • Earliest start date: October 1 (USCIS will straight-up reject anything earlier.)

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Founder takeaways (if you’re ready to sponsor someone)

1. Decide CoS vs. Consular up front—it changes the I‑129 checkboxes and evidence bundle.

2. Keep a perpetual immigration folder: updated Articles, stock ledger, org chart, latest pitch deck. Saves weeks every time you file.

3. Budget ≈ $1.7‑2.5 k in filing fees + attorney fees + optional $2.8 k premium processing.

4. Update payroll: H‑1Bs owe FICA; OPT folks under five years don’t.

5. If you’re remote‑first, build an “LCA amendment” playbook for employee moves.

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Our H‑1B playbook from now to October

1. April–May: collect docs, run prevailing‑wage check, file Boston LCA.

2. By Jun 30: submit the full H‑1B packet (we’ll make the CoS vs. Consular call after weighing tax savings vs. travel hassle).

3. Oct 1: either automatic H‑1B start or continue on STEM‑OPT and activate later.

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“So who was H‑1B #1?”

Spoiler: me.

A year ago I self-sponsored my own H‑1B as founder—an experiment that went viral and ultimately sparked the H1B Founders community. If you missed that story, here’s the LinkedIn post that lit the fuse:

👉 I sponsored my own H‑1B visa

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Disclaimer: I’m not an attorney; this post reflects our experience and the guidance of counsel. Always get your own legal advice before filing immigration paperwork.

Thanks for reading—and here’s to unlocking more visas for ambitious builders! 🚀

— Sid

P.S. We’re 300+ and growing in the new H1B Founders Slack. Join like minded founders for live Q&As and other discussions.

1. This was the big takeaway and news to me.