H1-B application April 2014, OPT ext. expires Aug. 2014. What should I do to work

[Pratik]

Hi,

I am concerned with my situation where my OPT ext expires on 31st Aug, 2014 and my company will apply for my H-1B in April, 2014.

I am worried that I will be out of status in the meanwhile from Aug., 2014 to April, 2015 when my H-1B starts.

I heard about Cap-Gap. Would that allow me to work in between. When can I apply?

Please help.

[DesiOPTForumAdmin]

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[DesiOPT-FaceBook-Fan]

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[DesiOPT-FaceBook-Fan]

If you company applies for your H1B in April 2014 then your start date for H1B will be October 2014 and not April 2015. Secondly, if H1B is approved you automatically qualify for the Cap-Gap, that is, from end of OPT to start of H1B in October 2014, you'll be eligible to work. However, refrain from traveling abroad during the cap gap period or make travel plan accordingly so that you enter back into US with a valid H1B.

[DesiOPT-FaceBook-Fan]

1 your h1 can start from oct1
2 yes in u r situation u can work .. you can apply after u file for h1b ..since you have time you can apply after u getting receipt number check the link for more details ..

[DesiOPT-FaceBook-Fan]

Cap-Gap kicks in

[DesiOPT-FaceBook-Fan]

No need to be concerned. Yes you can continue to work while you are in CAP-GAP.