H1B still pending after start date

[pbandi225]

Hello All,

I am currently working on OPT which will expire on June 2013. My company applied for my H1B visa in June, 2012 with a start date of October 1st, 2012. My visa application is still in "Initial Review" stage.

Can I keep working legally on my OPT status after 1st October until I hear something from USCIS about my H1B case?

Thank You

[kiran234]

Yes, you can continue working on OPT until your H1B is approved with COS or upto OPT expiration date(June 2013).

If for any reason you did not get any outcome about this H1B petition before April 2013, ask your employer to file another H1B under 2013 quota. In that case your eligible for CAP GAP OPT.

[JoeF]

Yes.