OPT expiring while cap exempt h1b expires

[PRK12397]

Hi, my stem opt expires in two days. My nonprofit employer filed for cap-exempt h1b. I responded to RFE, and the clock restarted on the May 20th, but I haven't heard back yet. I am not eligible for cap gap extension so what's the best way to handle the gap? Can I go on a leave without pay or does having any tie with the organization be considered illegal? I can also get terminated and rehired by the organization but unsure if termination will impact the h1b petition. What's the safest way to do this? Especially the leave without pay option?

please advice. thanks in advance! 

[Zodiac System]

If your employer needs your services and you would like to save your job, then best is to volunteer your services for that period (unpaid). However take from your employer in writing i.e. either a letter or an email that you are volunteering your services for that period and keep it for your records.  Good Luck.

Edited May 30 by Zodiac System

[Attorney_20]

You can be on leave (paid or unpaid) while the H1B change of status is still pending. If it has not been filed with premium processing, you may want to consider upgrading to get the decision faster.