Change of Status, OPT Extension to H1b

Hi everyone,

I'm currently on my OPT extension that will expire in Dec. My employer is willing to file my h1b but it appears the applications are not received until Apr14 and the applicants are subject to a cap. I have researched the cap-gap but it seems an employer has to have already filed an application before some period which would not apply to my case(unless I'm wrong here). As you can tell, it's kind of a complicated situation here. However, I wanted to know if the cap also applies to applications done overseas? ie if I were to leave the USA for say 2 weeks, make an appointment at the local embassy, and come back with a new h1 visa? is that even possible. Thanks for your time.

If a petition is filed for you on or after April 1, 2014, approved, and you are able to obtain stamping, you still CANNOT work until Oct 1, 2014. It is not complicated; it is the rules. If the employer is cap exempt (which does not appear to be the case based on your post), the petition can be filed at any time.