I recently got a job offer and the company is ready to file for H1-B for 2014 but my OPT gets over in July 2013. So my question is can i still work after my opt has expired or do i have to go back to India. I still confused about this situation. because from what I understand i will go out of status in july till october (provided the H1 is approved). and the employer cannot keep me on the payrole for this period. Is there a way out. Please let me know.
Since the company is willing to file for your peition next year you can continue to work with them even after July,2013 on Cap-Gap opt,
Assuming they file for your H1b before the cap for next year runs out and before your OPT expiry date, you can apply for a Cap-Gap based on the Petition receipt which would allow you to continue to work on an expired EAD till Oct 1 or till your petitions adjudication whichever is earlier. Also if you are eligible for an OPT extension you can file for the same.