H1 B Visa rejected and OPT also being expired.


I have my OPT expiring on April 12th 2013 and my employer has applied for H1 in [b]bachelors quota[/b] i.e., regular 65,000 cap quota on April 1st.

[b]Question:[/b] What if my H1b petition is not picked up in lottery and i will have 60 days cap gap rite (to either stay in US and enroll in other study program or go back to your home country) can i still be working till June 12th or should i stop working immediately once i got to know that my application has not been picked?

Cap gap cannot be applied until you get the receipt number of your H1 petition. So you will have to stop working from April 12th, 2013, but you can stay until you hear the decision on your petition. Contact your school DSO for further steps or to maintain status.

Ok i understood that i cannot work but my employer runs paystubs on 26th of every month would not be eligible for that my pay?

They can issue salary on a pro-rata basis for all the work done until April 12th.