Failed to apply for OPT Cap Gap Extension


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.


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

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

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)

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?

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??


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.