my opt has already expired but i am still working at the company. they haven't said anything about opt being expired. i wanted to apply for different position at the same company but the position requires background check. do u think it will mess things up?

I don't think so if you are honest and provide the correct information.

Don't make that mistake. Human resource will check your visa status if you apply for different position. If the position is well qualify to file for h1 then talk to your manager and ask him/her everything, you situation. You don't need to have opt to file for your h1 visa. There are plenty of H1 available so you can just file your H1 and get approve it with in 2 months period.

By the way, are you on status? what visa status r u on now if your opt expired?

Good Luck...

You are already making a mistake here. I don't understand why you still haven't notified the HR or your boss about the expiration of your OPT. There are other ways to work than illegally.

If I were you, I would notify your boss as soon as possible. If you can't get H1 right away, you can get CPT right away from some schools for the Master's program.

They don't check your eligibility or legal status on background check. That said, you should try to make yourself legal instead of digging up hole. It will only make it hard in future.