OPT to H1-B: Urgent help needed

[ragu]

I am currently on OPT with a 17 month extension expiring in June-2010. My contracting company is filing for my H1-B, however my job at the client will end at the end of May 2009
. We are hoping to find one more client.

a. Is it true that if I ask my employee to file file my H1 under visa to be issued abroad category and NOT file a H1 Change of Status petition then my status will change only after go out of the country and re-enter after getting H1 visa stamped at a US consulate in my home country or other country? Does it have to be the home country? any risks?
Thanks for your answers in advance,
Ragu

[ashkam]

I am currently on OPT with a 17 month extension expiring in June-2010. My contracting company is filing for my H1-B, however my job at the client will end at the end of May 2009
. We are hoping to find one more client.

a. Is it true that if I ask my employee to file file my H1 under visa to be issued abroad category and NOT file a H1 Change of Status petition then my status will change only after go out of the country and re-enter after getting H1 visa stamped at a US consulate in my home country or other country? Does it have to be the home country? any risks?
Thanks for your answers in advance,
Ragu

1.> That is true.

2.> It has to be stamped in the consulate specified in the application.

[ragu]

Thanks Ashkam,
I have couple of more questions,
a. Does this mean that I can continue to work using my OPT until May or April of 2010 and get my H1-Stamped abroad? or do is there a time frame after 0ctober 2009 that I must get the H1-Visa stamped abroad? I see waiting till april 2010 or so will buy additional time on my OPT.

b. India is my home country, but Canada is very close to where I live in the US. Could I specify Canada as abroad in the application.
Thanks again,
Ragu

[ashkam]

Thanks Ashkam,
I have couple of more questions,
a. Does this mean that I can continue to work using my OPT until May or April of 2010 and get my H1-Stamped abroad? or do is there a time frame after 0ctober 2009 that I must get the H1-Visa stamped abroad? I see waiting till april 2010 or so will buy additional time on my OPT.

b. India is my home country, but Canada is very close to where I live in the US. Could I specify Canada as abroad in the application.
Thanks again,
Ragu

You can continue to work on your OPT as long as it is valid (which is a good idea just so you save your H1B 6 years) or till you decide to reenter with a stamped H1B. I don't know if your H1B will expire or not. My guess is (you need to check this with your attorney) that you can get it stamped whenever you want. You could try and get it stamped in Canada but the danger is, if your application is rejected for any reason, you are put in a difficult situation.