H1-F1-OPT-H1 visa change of status


i came to US in Apr 2008 on H1 visa and had been working with my employer till Aug 2011. In Aug 2011 I enrolled to an MBA program and changed my visa status to F1. I graduated in Aug 2012 and currently working on OPT visa. My OPT expires in Aug 2013. My question is when should I file my COS to H1?. Should I apply in Apr 1 2013 or can I apply for anytime before my OPT expires. I understood that I am not subjected to CAP and just curios to know when should I apply for COS. I am not willing to apply soon as I am planning to change jobs. Appreciate if anyone can let me know the best time to aplpky for COS in my case. I am thinking of waiting till June 2013 to apply as I feel that I should be able to find my dream job by then. If I am not able to find the job, then I am planning to apply through my current employer.



Based on your previous H-1 approval, you are eligible for cap-exempt H-1 petition. This means the COS and accompanying H-1 petition can be filed anytime prior to OPT expiration date.

So you can have it filed in June and decide to file it w/ regular processing or premium processing so that it gets approved in time by your OPT expiration date. This will ensure there is no break in the employment.