OPT to H1

[apnayak]

Hi ,
I'm a F1-student who had applied for my OPT card in Dec.'03. USCIS required my additional evidence in my case, so I had to resend some of my docs. after a couple of months. It may take a month from now to receive my OPT card.
In case I get a good job offer within this period and the employer is ready to process my H1-B, will I need an OPT card in hand to apply for my H1-visa. As USCIS will start accepting new H1-B applications from April 1st, I'm a little curious on this issue.

-apnayak

 

[Rajiv S. Khanna]

Originally posted by apnayak
Hi ,
I'm a F1-student who had applied for my OPT card in Dec.'03. USCIS required my additional evidence in my case, so I had to resend some of my docs. after a couple of months. It may take a month from now to receive my OPT card.
In case I get a good job offer within this period and the employer is ready to process my H1-B, will I need an OPT card in hand to apply for my H1-visa. As USCIS will start accepting new H1-B applications from April 1st, I'm a little curious on this issue.

-apnayak

You can apply for an H-1 even now. But it may not be approved until the EAD is granted.

Theoretically, if your status in USA has already expired, but you are in an authorized period of stay because of a timely filed extension/EAD application, you may continue to stay in USA and work. But if you wish to change status during the pendency, the change may not be approved until the EAD comes.