H1B/OPT Cap Gap complicated situation - reponse would be appreciated


I have a complicated situation,

I’m currently on OPT extension and it will expire on March 28th, 2013. My H1B visa application for FY2013 was sent back because the quota was filled. I will be having a 60 day grace period after my OPT end date(till May 28th, 2013). I can apply for H1B for FY2014 in that grace period and legally stay here in USA. My question is can i work continuously till OCT 1st, 2013(start date of my H1B) under cap-gap. will my case be considered under cap-gap as there is only 3 days between my OPT end date and new H1B filing date.

What is my best option to work continuously without a break.

Thank you,


Unfortunately, you have to be in working status when you apply for H1 to be eligible for cap-gap.

In your case, you will get capgap until oct 2013, but you would [b]not[/b] be work authorized.

Unfortunately, the fact that you will miss the date by 3 days is not something which the USCIS looks at. So they will not extend the cap gap work authorization for you.

Furthermore, your cap gap starts when the USCIS receives the petition. Which will be somewhere between 6th april to 10th april during the 1st week of filing.

You can try applying for Stem extension if your program allows that.

I’m already on stem extension, is there any other option for me to work without a break?