Regarding Work Authorization

[Shy0587]

I got denial for my OPT extension, which I filed 3 months prior to my end date of 1 year OPT. My 1 year OPT period expired on 31st December 2016. However in the month of Jan 2017, I received an RFE from USCIS that I need to submit evidence that I have graduated (which I wasn't when I applied for OPT extension). As I was not graduated and I had to submit some evidence to USCIS before the RFE deadline which was 10th April, So I have taken a letter from school indicating that I have completed all the requirement and will be graduated in May 2017(Currently I am graduated ). But unfortunately my OPT extension was denied. Also during month of April, my employer applied for H1b visa and it was picked for processing. 

 

So my question to you is do I  still fall under cap-gap? 

Also can i still continue to work in US until H1 gets approved or I have leave US and re-enter after OCT 1st? 

Also is there anyway USCIS can reconsider my OPT ext application considering that I have completed my Master now and will receive diploma in month of June?

[pontevecchio]

You should run this by your DSO. I suspect you will have to leave and return with the H1 visa at the appropriate time.