Am I eligible for H1-B Cap-Gap, Though I have valid OPT


I am on STEM OPT working for company A. My STEM is valid till May 2014 and F1 visa valid till Nov 2014. Company B is ready to sponsor my H1, but they are not enrolled in E-Verify, so I can't work for them right now on STEM OPT.


Once H1 from company B is approved, Can I work for company B on STEM OPT, prior to the start date of H1 (Oct 1st)?


My school international office department head informed me that, once my H1 from company B is approved, then I would come under H1 Cap-Gap, so that I can work for company B on current STEM OPT till Sep 30th, though they don't participate in E-Verify. 


Based on my knowledge, I don't come under H1 Cap-Gap, though my H1 is approved because neither STEM OPT or F1 visa expires before the start date of H1 (Oct 2103). So, I am confused about the information provided by my school international head.


Please share your knowledge on the above. Thanks

You will be on OPT until Oct 1, so need to work for employer that is e-verified. So you have to continue working for A.

Cap-gap basically provides extension of the status at the time of H-1 filing. Besides cap-gap is kicked in only when your status is about to end. If what your dept head said is correct, it will mean that a student enrolled on F-1 (but no OPT) can start working after filing H-1 on pretext of cap-gap.

Hi Saurabh,

Thank you for your reply. Your replay is in sync with my knowledge. I will triple check with her again and with my company layer. Thanks again.

At times, they are not well versed w/ the law. So it may be wise to talk to an attorney as well.