Working while H1b pending

[tann19]

My F1 OPT fininshes May 31, my employer has filed a H1b petion. I am in higher education and donot work during the summer(10 month contract). Can I work for other employers in my degree field this summer while I await the H1b? Thanks!

[tann19]

Noone has any thoughts about this?

[JoeF]

Hmm, is your H1 with a university? In other words, is it exempt from the quota?

If it is exempt, the so-called cap-gap rules probably don't apply. That means that you would have to stop working when your OPT expires, and you could only start working again when the H1 is approved.

If the H1 falls under the quota, then you could only start working on the H1 from Oct. 1 on, and the cap-gap rules allow people to continue to work on OPT until then.

[tann19]

Thanks for your response, my H1 is with a college.