Working on OPT. F 1 expired. Require info on filing for h1b

Hello Saurabh,

I am on OPT and MY opt will end in July 2013 and i want to file for H1B 2014.I am currently working in EVC model.

Now as per current condition i have to travel india between April 7 to May 7. my question are 1) will quota will be still open on may 7 2) What if i file my LCA before april 7 and submit petioion to USCIS after coming from India -around 10 may? 3) Shall i file my H1B and travel india simultaniouslely.? If yes then what will happen if RFE will come from USCIS ?

Thanks ,


  1. Tough to say. We will have to wait until April to know the velocity.

  2. If the cap is still open, then this can be done

  3. In this case, your COS from F-1/OPT to H-1 will be abandoned. Your H-1 will still be processed and approved w/o COS. This means you need to US at the end of your OPT + grace period duration, and return to US after getting H-1 visa stamped.

If you can delay your travel dates by few days, then you can file H-1 w/ premium processing. In best case scenario, it will be approved by April 15, and you can then travel and return on F-1/OPT and still be on cap-gap until Oct 2013. However, if RFE is issued, the you cannot avoid abandoning COS unless you decide not to travel outside of US.

Hello Saurbah,

Can you please elaborate Answer 3 more in details. Sorry but i didn’t got exactly.

Your current status in US is F-1 and in order to start working on H-1, your employer will file COS (change of status) from F-1 to H-1 along w/ your petition. For COS to get approved, the person needs to remain inside US from the date it has been filed to the date it gets approved.

So if the petition and COS are filed, and you leave US in b/w, then COS will be abandoned. Even after the petition gets approved, your status will remain F-1 and you will have to leave US at the end of your OPT and 60 day grace period.

On the other hand, if you don’t leave US until COS gets approved, then your COS will be approved w/ effective date of Oct 1. You can then travel to India, return prior to OPT expiration date, get cap-gap until Oct 1 and finally be on H-1 from Oct 1.

Does that clarify?