H1B filed from F1.

[Usha2]

I used my OPT 12 month .OPT extension denied so got back on F1 visa and done with school in May and my employer filed my H1B in first week june.

My employer's advisors are new to this situation and asked me to consult elsewhere.

My question is as now my visa was transition is from F1---> H1B, do i get cap-gap till October or do I need to leave country?

I do not have any i-20 after May . just H1B filing papers. "Am I legal"?

[Attorney_22]

When USCIS receives a cap-subject H1B petition from a student whose post-completion OPT has expired but is within a valid 60-day grace period, that student’s F-1 status will be extended pursuant to the Cap-Gap provisions. However, work authorization pursuant to OPT will not be granted since the student was not employment authorized at the time the H1B petition was filed (there is no employment authorization to extend). You will need to obtain an updated I-20 based on the H1B Receipt Notice. Please contact your DSO to obtain one. If you have additional questions regarding your personal circumstances please contact a qualified U.S. immigration attorney directly.

[Usha2]

Attorney_22: Thank you.The information you provided helps a lot.