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

USA H1B Visa
1

Hi,

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
2

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.

3

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.

4

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