Just read this in a forum from an immigration lawyer


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.

I came across same problem in a website and here the lawyer said i can work after i receive a H1B filing reciept from USCIS. is that true?? link below:



Thank you in advance,


I think you cannot work on cap-gap period, since by the time your H1B petition is filed with USCIS (earliest 1st April 2013) your work authorization will be expired (on 28th March 2013). However, you can legally stay in US until 30th September 2013 and start working on H1B status from 1st October 2013.

Excerpt from USCIS website:

[b]Q7. What if a student’s post-completion OPT has expired and the student is in a valid grace period when an H-1B cap-subject petition is filed on their behalf? It appears that F-1 status would be extended, but would OPT also be extended? [/b]

A7. F-1 students who have entered the 60-day grace period are not employment-authorized. Consequently, if an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1B petition was filed, there is no employment authorization to be extended).

See Q7: [Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations: Questions and Answers](http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD)

thank you…