3 month gap between OPT expires and time to apply for H1B! Want to work!

[anastasia_st]

What is the name of your state (only U.S. law)? GA

I am currently on OPT working for a company that applied for my H1B last April but I didn't get through the lottery. They want to apply for me again on April 2009.
The problem is that my current OPT expires at the beginning of January 2009 (and I am not eligible for extension since I am MIS major).
Is there any way I can keep working for them during the time my OPT expires and I apply for H1B.
I really don't want to leave the country, so I was advised to apply for B2 visa for that period. How possible is this?
Also, I really need to work, cause I need some income.
Please help! Is there any way for me to continue working with my company?

 

[ImmigAttyLana]

Did you look at extending the OPT with the employer through the e-verify program?

If not eligible, there is no way you can extend your OPT and you WILL have to depart the US if you want to be able to at some later time to come to the US lawfully. As soon as your OPT expires, you MUST stop working. You have a 60 day grace period in which you can remain in the US but NOT work. If your petition is selected in the lottery next year (assuming there is again a lottery, etc), and the petition is eventually approved, the employment would not start before October 1, 2009 so you would not be able to reenter the US in H-1B status until sometime in late September.

You can try to change status to B-1/B-2 after your OPT expires, but there is no guarantee that it would be granted.