When can I file my H-1B and start working?

A: H-1B cases can be filed starting on April 1 of each year for a start date of October 1 of that particular year. If you are already in the U.S. on a valid visa then a change of status petition can be filed in most cases however the start date of the H-1B will still not be until October 1 of that year. Further, students are given additional benefits when applying for the H-1B in terms of being able to remain in the U.S. until their starting H-1B dates, even if beyond the expiration of their OPT status. Please note that professional advice should be sought to make sure your particular case allows for such filings and exceptions.