Posted by: STUPIDA April 9, 2014
F1 (non OPT) to H1B possible?
Login in to Rate this Post:     0       ?        
haku_theblack,
To file H-1B you don't have to be working with the petitioner company. There are two scenarios and may be more but we will stick to the two since they are related here -
You can be working for any other company (with valid work authorization - either CPT, OPT, work permit, etc..), and still file H-1B with another company. But once you have approved H1-B, you have to work for petitioner company.
A company can also file H-1B for anyone (provided they are eligible) without a CPT or OPT or work permit. But then this person can only work from October 1st for that fiscal year, and has to maintain their own status until then. Think about this, a company can bring anyone from outside the US in H-1B from October 1st. They don't have work permit nor anything.

But, the likelihood of finding company ( even consulting company) that will file your H-1B and wait until October is very minimal. These days consulting company is reluctant to file H-1B even with just OPT/CPT because it is much strict. Usually they do for people who are in contract.

Hope this helps..
Read Full Discussion Thread for this article