F1 to H1B without OPT

[asksahil]

Hello,

I have a question and was wondering if you would be able to put some light to it.

I am currently on F1. I havent started my OPT yet. I have a job offer which starts on June 1. My employer wants to file my H1B. As you know, the H1B applications are accepted from April 1.
So my questions are:

1. Can I submit an H1B application on April 1 for a job starting on June1, directly from F1?
2. Won't the H1B application need some kind of EAD (which is usually received when you start your OPT) ?

Thank you.

[newacct]

1. Cap-subject H1bs have a quota per fiscal year. The fiscal year starts every October 1. You can apply 6 months before the start date. So for the earliest possible start date of October 1, you can apply April 1 at the earliest. That's where April 1 comes from. You cannot start in June unless you have an H1b for the current fiscal year, whose quota ran out a long time ago. So unless it's a cap-exempt H1b, no, you cannot start in June
2. no

[asksahil]

1. Cap-subject H1bs have a quota per fiscal year. The fiscal year starts every October 1. You can apply 6 months before the start date. So for the earliest possible start date of October 1, you can apply April 1 at the earliest. That's where April 1 comes from. You cannot start in June unless you have an H1b for the current fiscal year, whose quota ran out a long time ago. So unless it's a cap-exempt H1b, no, you cannot start in June
2. no

Thank you for your reply.

What if I apply for my OPT as well as H1, and start work from June 1? Once and if my H1 is approved, can't I just cancel my OPT and start from H1?

Since you say EAD is not required for H1 application, shouldn't I be good?

[scientist2016]

Yes you can apply for OPT, and later on switch to H1 (if available, and if you want to). That is the usual practice.