Please help:F-1 expiring. OPT

[augustasylee]

I need help and advise on my case from this very enlightened members of the forum.

I just completed my Bsc in Computer Information Sytems. Technically I am no longer F-1. I am currently on Optional Practical Training and I plan to swith to an h-1b visa but I understand the h-1b quota is over for the current fiscal yr. My question is: will I still be in good legal standing while my case is pending and can have work authorisation based on my pending h 1b application? Also, as a first time applicant for h-1b , am I eligible for premium processing ? Your help and advise will be highly appreciated.

 

[GotPR?]

Technically, you are on F1
You can stay legally in the US as long as OPT is valid(+60days) or as long as your H1 petition is pending. But if your stay is based on pending H1 petition(after OPT expiration), you can not work. There is no work authorization based on pending H1 particularly for the 1st H1.