This is incorrect information. H1B "Status" and H1B "Visa" are two separate things. A common immigration path is F1(Student) -> OPT -> H1B Status. If the perso

This is incorrect information. H1B "Status" and H1B "Visa" are two separate things. A common immigration path is F1(Student) -> OPT -> H1B Status. If the person was already in the US(because they're going to a US college) then they would be given H1B status(read: no visa). Getting a H1B visa from the US consulate would be required IFF they: 1) Weren't already in the US, 2) Need to leave and reenter the US. If the person is _already_ in the US when they receive H1B Status then they don't need to receive a visa. Not having a visa is not illegal or affect work status. A visa simply allows ingress and egress in/out of the country and does not confer work authorization(which is what an H1b "Status" does). Source: I've gone through this process, and from a family of attorneys.