My employer has filed for my H1B and like most other applicants I am waiting for some notification from USCIS. My OPT expires on 14th May,2014. So if I don't get notified till then (either selection in lottery or rejection) can I continue working under the CAP GAP or not? Please advise.
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Cap Gap if H1B Denied?
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The length of your extension depends on your H-1B petition phase:
Filed:- If your H-1B petition is properly filed (but not yet receipted or approved), your OPT authorization is extended to June 1. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status is extended to June 1.
Selected for receipting:- If your H-1B petition is selected for receipting, your OPT authorization is extended to September 30. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status is extended to September 30.
Approved:- If your H-1B petition is approved, your OPT authorization is extended to September 30. If your OPT authorization already expired but you were in your 60-day grace period at the time of filing, your F-1 status is extended to September 30.
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