Query in Form I-129

[crazee]

Hi,

I am originally from India and had entered US on F-1 visa in August 2007 for a Masters degree. I graduated on August 10, 2009. I shifted to F-1 OPT from Sept 1, 2009 and started working in a company from the same date. My employer is thinking of applying for my H-1B visa for FY-2010...

[wwjd]

It's hard to find the right answer to this question...

I have a (3 years) R1 Visa that expired January 12, 2009

A I-129 petition for extension was sent in October 2008 (still pending)

My I-94 form says arrive: Jan 02 2009 & Departure: Jan 02 2012
...