Complicated OPT/H1B Question ... OPT expires in Oct 2013

Hello folks,

I really need your help with my situation.

My current OPT expires on Oct 10, 2013, and it’s not extendable. I have been on an internship for 7 months so far.

I am now trying to find an employer that can sponsor my H1B visa as soon as possible.

My question is: If I find an employer that is willing to sponsor me and they submit H1B petition before OPT expiration date, Oct 10, 2013, what will happen to my work status after Oct 10? Am I going to wait till Apr 2014 or will I be able to stay in the US till a decision has been made? I am totally confused! Please help.


H-1 can only be applied when the cap is open. I assume you don’t have any approved H-1 from the past.

In that case, H-1 can be applied in April 2014 for a start date of Oct 2014 and not prior to that.

Why didn’t you have your H-1 filed in April 2013 or did you miss out in the lottery?

Thank you Saurabh!! I am still confused about the period between the expiration of my current OPT (Oct 10, 2013) and start of H-1 start date (Apr 1, 2014)! assuming my employer submits petition before Oct 10, 2013.

I did not have H-1 petition filed in Apr 2013 because I did not find an employer that’s willing to. I am still looking for one.

You have to leave US if OPT cannot be extended or move to another status like enrolling in another course etc.

Yes, you cannot stay until April 1, 2014 if you don’t move to another status/course.