During Cap gap period which type of employment rules applies to me(Whether F1-OPT or H1-B)

[gonimp]

My STEM extension is going to expire on July 3rd 2012. My current employer applied for H-1B on April 10th. Decision is still pending with USCIS. If approved my H1-B may start on October 1st 2012. My question is during Cap gap period which type of employment rules applies to me(Whether F1-OPT or H1-B).

Correct me if I'm wrong about below two sentences. What I heard from my friends is

During OPT, It is allowed to stay on status without job for 3 months(Without running payroll).

During H1-B, It is not allowed to stay on status without job even for single day. Whenever the employer who holded my H-1B status terminates me from job. I heard that I will loose my status. Is that true. Will I not granted some grace period to find new job and apply for H1 transfer.

1)During Cap gap period which type of employment rules applies to me(Whether F1-OPT or H1-B).

2) What happens if employer terminates me and revocate my H1-B during my Cap gap status(Bw July-Oct 2012)? (Will I be still on capgap status and can look for new employer to file H1 transfer)

3) What happens if employer terminates me and revocate my H1-B during my H1-B status (After Oct 2012)?

[Attorney_10]

Generally, an indivdiual's F-1 status is automatically extended during the "cap gap" period. The F-1 status may be extended with or without employment authorization, depending on when the H1B petition was filed. Both F-1 status and H1B status have specific requirements for maintaining status. Generally, on H1B status, if the H1B employee is no longer being paid by the employer, there is a gap in employment, or the emplyoment terminates, the individual is no longer maintaining valid H1B status. There is no grace period to depart the U.S. or file a change of status or change of employer petition. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case.