Failed to apply for OPT Cap Gap Extension

USA H1B Visa
1

Hi,

My OPT extension expired on 01July 2013. My h1b got approved on June 20. I failed to apply for CAP GAP Extension. Can I still work for my employer before the Start date of my H1B? Please suggest.

Thanks

2

Your question answers itself - No , you need to stop working after 01 - july till Oct 2013

3

Thanks for your reply. Can I stay in US in this period?

4

AFAIK answer is NO as you are out of status. Do not let out of status get accumulated - If You are on F1 you either need to be enrolled or be on valid CPT/OPT status.

You are already 30 days out of status. You might have problems reentering US or get H1 stamped
See if you want to be on B1 visa (COS)

5

Actually cap-gap is automatically applied as long as you have informed your school about the H-1 petition. Did you inform your DSO about the pending H-1 petition and its approval w/ COS?

6

Saurabh,
thanks for your response. I didn’t inform the DSO before my OPT expiry date. Now the DSO says that they can’t do anything about this. Is there anyway that I can still have my cap gap extension through data fix??

Thanks

7

If the DSO cannot update the SEVIS record through data-fix then I don’t know what the other alternatives are. Maybe, check w/ an attorney.