Cap gap question.

[akKIRA]

Hi ,

My opt will expire in June 2013 and I am planning to apply H1 on april2013.

Can I use my cap gap for 3 and half months ?

I did not work from jan 2011 to march 2011 on my opt .. I was searching for jobs will that effect my cap gap period.

Thank you

[Attorney_22]

Generally, if an individual is valid F-1 status and working pursuant to OPT when an H1B cap-subject petition is filed on his/her behalf with an October 1^st start date for the coming fiscal year, that individual will be provided protection pursuant to the Cap-Gap provisions if the OPT work authorization expires between the H1B filing and October 1^st. That protection will extend to October 1st unless the H1B petition is denied. If the H1B is denied, the individual will still be eligible for the F-1 60 day grace period. As a general rule, those on post completion OPT may accrue up to 90 days of employment without negative consequences to their status, and those on 17-month STEM OPT are allowed up to 120 days of unemployment. For a further discussion regarding your personal circumstances, please contact a qualified U.S. immigration attorney. You may also find additional information on the following Murthy Law Firm link: http://www.murthy.com/news/n_faqopt.html