H1 B and OPT

[ranadheer]

Hi All,

I am on OPT now and working for a reputed company.

I have applied for my OPT extension 40 days back and the status as of now is "Initial Review".

Now my doubts are:

1) Can I apply H1 B now? Assume: I will be getting client invitation letter and my employer is ready to apply for H1 B.

2) If I apply H1 B and if it is rejected and OPT extension is approved down the line. Can I still legally work in US with OPT.

Please any help in clarifying the above things is really helpful.

Thanks.

[Attorney_24]

Generally, a person who has not had an H-1B approved before is subject to the cap and a petition may be filed for them as long as there are cap numbers available. If the H-1B is denied and if the beneficiary has a valid OPT, s/he may continue to work until the expiration of their OPT. Kindly consult with an immigration attorney with regards to specific questions regarding OPT and H-1B.