OPT denial and H1-B application

[balaramnutakki]

Hi

I have applied for OPT extension though my employer (Xerox) was willing to apply for my H1. I got a RFE asking for a new I-20 ( showing the intent that I am working in the field of my degree). Say if my opt is denied. Can I apply for H1-B through my employer?

Degree: Masters

Major: Electonics and Electrical engineering.

Position: Systems development specialist.

[wiweq]

H1b processing is totally separate from F1. If your OPT revoked, your employer can still file your H1b. If you will be still on F1, its will be with COS otherwise with no COS.

[harrisiqbal]

I believe that it would depend on the timing. Your current status is F-1 with OPT being your employment authorization. Now if your employer applies for H1-B with Premium Processing and say you get an approval within 15 days. Great.... but now the H1-B start date will be October 1st 2012 and I believe it would be necessary to MAINTAIN your legal status and Employment authorization (in order to continue working) until October 1st 2012 (or whatever your H1-B start date is).

This could get messy real fast if not careful. Talk to the legal department of Xerox and get legal consultation.