OPT - H4 - H1

I am currently on OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions: 1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4? 2) How difficult it is for an employer file for H1 from H1 and what is the process? 3) If I have to travel out of country before the OPT expiration-do I need to have another visa approved to re enter before my OPT expiration?

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ANSWER: 

1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.


 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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