OPT TO H1B

[International Student]

Hello!

I am currently in the US on OPT which expires on Feb 2021. If my employer is willing to apply for my H1B on April 2021 am I still eligible to work while I wait for my H1B approval? 

Thank you for your help!

[Zodiac System]

You will have to be picked up in H1b lottery, which will become effective in October 01, 2021.  In the meantime you will have to apply for OPT extension (or CAP GAP in case you get picked up in lottery).

 

Lets see what other experts advise.

[vera24]

If your OPT authorization is expired but you are in your 60-day grace period when your employer submits your H-1B petition to USCIS and your petition is picked in the lottery, your F-1 status is extended. You cannot work but you can remain in the U.S through the extension. Get your OPT Extension/Cap-Gap I-20 before the current OPT expiry. Check the USCIS website and reach out to the school DSO for further details

Disclaimer: This is my opinion, not legal advice

Edited September 11, 2020 by vera24

[JoeF]

Cap-gap doesn't apply here because the OPT expires before an H1 can be filed.

It may be possible to stay without working if the H1 is filed within the F1 grace period.

Of course, if the OP qualifies for STEM OPT he/she could continue working.

[adshah84]

You can not work and you have to leave USA on or before Feb 2021 (When your EAD expire). 

You can come back once your H1b will be picked and approved. 

[gopalakrishnach]

Wont you have STEM OPT for continue to work? Approach your school DSO?