hyperthread, then have the lawyer file H1-B effective from the OPT expiration date. if you do not get the decision and your opt expires then You cannot work { LEGALLY} while your case is in progress. But you are still in status and waiting for adjudication of your case. I had the same issue .. let's say 7 years ago. My opt expired in DEC 31. My H1 was filed in August first week. Decision for H1 case came in end of JAN. H1 was effectively approved from DEC1st. I was LEGALLY NOT WORKING In the company during the period of 3 weeks (O: