Work during Cap Gap


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I graduated with an MBA in Dec 2010. My OPT started on 28th Feb 2011 and it expires on the 28th Feb 2012. I am not eligible for an OPT extension since I do not fall in the STEM category.

My employer agreed to file my H1 but the quota for 2011 got filled before we could file for H1. So my employer wants to file for my H1 in 2012. I have grace period of 60 days from 29th Feb 2012 to 28th April 2012.

My question is, can I work as an unpaid employee during my grace period and cap gap, once my H1 is filed? I know that I can not work as a regular employee.

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