I did my MS (STEM) Applied for OPT Extension, Can my employer apply F1 to H1B

USA H1B Visa
1
  1. I did my MSME, availed my OPT which has expired on 12 Feb 2015

2 Applied for OPT extension. Pending with USCIS due to a simple RFE which I responded through attorney.

  1. Expecting approval for extension.

  2. I am currently employed full time and my employer is ready to file my H1B on 1st April 2015 for 2016

  3. My F1 expires on 7th Aug 2016

  4. Can my employer file a H1B petition without waiting for the OPT extension.

2

Yes, it is not dependent on that. All that matters is, if you have maintained your status propely on F1 visa. You may have to submit paper work telling to USCIS that you applied for OPT extension before expiration and it is in process.