F1 to H1B out of status issue?


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.

Please help me out

Thanks in advance


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.