Work eligibilty after OPT expires and H1B is process.

[juju9285]

Hi,

I have a situation and need your help and guidance. I am in my OPT extension period and it is ending on dec 13, 2011 and my employer has applied for my H1B 1st week of November in normal process.

My company lawyer says he is confident that H1b will be approved and I can legally work after the end of my OPT i.e. Dec 13th since my H1b is in process.

But while I was researching, I read in some forums that we are not allowed to work after the last day of OPT validity and wait till H1b petition decision is come.

Please help me with your knowledge and advice if I have to continue working even after the OPT expires.

Thanks,

[livliv]

You have to inform your school's DSO and a cap-gap extension may be needed.

[JoeF]

Cap-gap would not apply in this case. Cap-gap only applies for H1 applications with a start date of Oct. 1, that are filed before Oct. 1 while the person is still on valid OPT.

In this case, the OP has to stop working when the OPT expires, if the H1 isn't approved by then.

[Rav0019]

I have the same problem. My OPT expires Dec 19 and I applied for H1 in August. The school says I have to stop working till my H1 gets approved. CAP GAP would be applicable to people who applied for a H1 with OPT expiring before OCT 1. I am still not very confident about this but if I am wrong someone correct me. Thanks.

[juju9285]

Thank you everyone for your response.

I had the same thought of taking the cap-gap application but realized it is not applicable in my case.

I am in a a worse place...as my employer is not ready to agree to it as he was suggested by his lawyer that it is legal and I can work..

I donot want to take any risk by working after dec 13th, but I am kind off forced to as my employer is ready to leave me if I say i will not work until H1 is approved.

Please suggest what can be done?

Looking forward for your suggestions.

Thanks for all the support.

[JoeF]

Thank you everyone for your response.

I had the same thought of taking the cap-gap application but realized it is not applicable in my case.

I am in a a worse place...as my employer is not ready to agree to it as he was suggested by his lawyer that it is legal and I can work..

I donot want to take any risk by working after dec 13th, but I am kind off forced to as my employer is ready to leave me if I say i will not work until H1 is approved.

Please suggest what can be done?

Do NOT work after the OPT expires, if the H1 is not approved by then.

It would make you illegal.

If the employer doesn't believe it, you may have to talk with another lawyer to get another legal opinion.