OPT Expires May 12, H1B Applied (No result) .Can I work after May12?

USA F1, F2 Visas - CPT - OPT
1

Hi All,

I am on my F1 STEM OPT extension. It expires on May 12(final extension). My Employer has filed for my H1B visa but I have not heard back from them or my School yet. My question is that after May 12 can I continue working if I still do not get any response for my H1B application?
If yes, Do I need to submit any documents to my college as I still dont have the receipt

Thanks.

2

What you are expecting to hear from your school?

No

3

you can check at https://sevp.ice.gov/opt/#/login
If you are selected your H1B, your OPT date will be extended to Sep 30th.

2 Likes
4

I stand corrected, as @taro is referring above, there is a provision to extend the current OPT till H1 kicks off. Sorry.

5

Yes, you can under cap gap provisions. You get automatic extension until June 1st. If you get picked and your SEVIS is not updated until Sep 30th, You need to work with your DSO to get your SEVIS extended. Check SEVIS, SEVP Portal Updates - H1B Lottery

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Thank you for your reply. So I can continue working till June 1? Do I need to report anything to my DSO ?

7

Yes, but you need to inform DSO that your H1B was filed, just to make sure you are getting extension under cap gap. If it is not updated in SEVIS, they will need to do data fix. You can send them the Fedex Receipt or any letter from attorney that indicates that your H1B was filed.

8

Thank you all for the help. My college had provided me an extension till 1st June and generated a new I-20 too. So now I will be able to work till June1st while waiting for my H1B lottery result.

But my company tells me that they can only tell me about my H1B result in June end. This is because they have an agreement with the law firm that they will give them a bulk update in June end.

What are my options in this case? Can I still continue working and ask my college for extension or stop working in June 1st.

9

The cap gap is pretty much automatic, if you don’t hear from USCIS on the decision. You can read the Official USCIS guidance, where they tell it is automatic.

You need a New I-20 issued from DSO, that indicates your authorization to work until Sep 30th.
The DSO needs proof to tell that your petition was filed and is in processing, you should ask the employer to ask the law firm to share that info…Again, it is up to the DSO… But, you can only work, if your DSO gives you new I-20 to work until Sep 30th…if not, you should stop working.

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Thanks. I will work with my DSO