I have applied for my opt extension in Dec’15 and my opt got expired in Feb’16 and I got an RFE in May’16 and it states that I am eligible for 24 months OPT Extension and need to submit I 983 form by Aug 18th which my employer is not giving and my H1 got picked in may’16 and waiting for approval. If my H1 got approved will I come to cap gap or do I need to submit I 983 for and get OPT extension to maintain status till oct 1st. what are my options to maintain status?
You are in cap-gap as you were in 60 day grace period when H-1 was applied. However, you cannot work as your original OPT had expired by the time H-1 was applied and the extension wasn’t approved.