Opt to H1 after being 7rs on L1 and one year on F1

If you have been in the US on L-1 status for 7 years you cannot do a change of status to H-1B. For you to be in the U.S. on H-1 status you will have to physically be outside the U.S. for 365 days. It appears that you have not been in H-1B status. Therefore you will be subject to the availabitliy of the H-1B quota numbers. Yes a company can file for a H-1B for an eligible employee when the employee is on OPT (eitehr COS or a H-1B for overseas notification) The company can file your application for immigration petition ( green card) at any time including when you are on OPT. You dont have to have a H-1B to get this process started.

I answered earlier, but I should clarify that you can not apply for COS, even if you wanted to. You will need to be out of the United States for one year immediately preceding your entry in the H-1B status (except brief visits). See that, starting at the bottom of pdf page 67 of http://goo.gl/g4d8R which is from 8 C.F.R. 214.2 But that company may start the filing for you in advance so that you can come back in the H-1b status right after that one year period has been completed. As the other attorney noted, you would generally be subject to the annual H-1b quota. Harvey Mechanic, Attorney at Law [email protected] Authorized to handle Immigration matters throughout the United States P.S. If you appreciate my time in giving you this please click the "thumbs-up" button at the bottom of this answer. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.

When you are in OPT a company sponsor H1 for you as you would still be in F-1 status. They can certainly petition for an H-1B for you with consular processing if you don't want COS. When you are in OPT a company can they start your GC process, meaning filing labor and 140 and process my H1 once 140 got approved. However, travel outside of the United States is not advised until you have at least H-1B visa as F-1 entry may not be allowed once your have shown immigration intent. Harvey Mechanic, Attorney at Law [email protected] Authorized to handle Immigration matters throughout the United States P.S. If you appreciate my time in giving you this please click the "thumbs-up" button at the bottom of this answer. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.