OPT expiring, H1B pending- is cap-gap extension possible ?

[preeti_29]

My OPT is expiring on 31Jan'12 and I do not quaify for STEM based OPT extension. H1B was filed under premium processing with a start date of 1Nov'11, received RFE, and responded to RFE on 23Jan'12. In case my H1B decision is still pending until 31Jan- my OPT will expire.

Is it possible for me to get cap-gap extension until my H1b decision is made ? How to proceed to get cap-gap extension ?

Will I go out of status if I dont get cap-gap extension ?

Many thanks!

[JoeF]

Sorry, cap-gap does not apply in your case.

It only applies for H1s with a start date of Oct. 1, and when the OPT expires before Oct. 1.

You will have to stop working when your OPT expire, if the H1 isn't approved by then.

[preeti_29]

Thanks JoeF.

I have another question for you- appreciate your help in advance:-

My spouse is on h1B and I can get H4.

If my H1 is denied, i will still have 60 day grace period after OPT, can I apply for H4 in that grace period without leaving US.

or

Do I have to leave US for applying H4 in that grace period ?

Thanks again....just trying to understand my options.

[pontevecchio]

"can I apply for H4 in that grace period "

YES.