Can I apply for H1b without a copy of OPT card

[si203n]

Hi,

I have my OPT Extension Approved but lost in mail, so I never received it. I was asked to reapply for the OPT card replacement and it is currently under review with USCIS.

I have to apply for H1b this year or else I will be out of status. Can I still go ahead and apply for H1b ? Please advise Immediately

[shervin143]

If you don't have any proof of your valid current OPT status, then you can always file the H1B petition for consular process. The approval will come without a new I-94 (So you will remain to be in OPT). But you will be CAP counted. You can use that petition to get the H1B stamped and return back in H1B status or use the CAP from that petition to file a COS from OPT to H1B later.