Hi! I’m currently working under an F1 visa for an employer who is willing to sponsor H1B. However, my OPT expires in March 10th 2022, and I did not graduate in a STEM program, so not able to apply for extension. I have read a little about the H1B process, but I will very much appreciate if someone could answer/confirm these questions:
- Can my employer file an H1B petition in December, for example, before the cap is met?
- Is my employer obligated by regulation to request for a start date that is 6 months in advance from when the petition is submitted?
- Since I can’t apply for the F1 cap-gap extension as my visa expires before April 1st, is there anything I can do to continue working for my employer while my H1B process is pending?
Thanks in advance.