OPT/H1B Capgap...Payroll Run...? Please advise.

[sam1586]

Hi All, 

 

This year, my first H1B got approved. Which will effective from Oct 2013. Till then I will be on Capgap.

 

Issue here is, I was on bench and looking for a new gig since two months.As of now,my employer is running pay stubs. In case if he stops running pay checks without revoking H1B will that cause Out-Of-Status? 

 

Please advise! Highly appreciate your help. 

 

Thank you!

 

[jairichi]

The day your pay roll stops you are out of status

[sam1586]

I agree, when I'm on H1b, which starts from Oct 1st.

 

But currently I'm in OPT CAPGAP, which means I'm still on F1. Please confirm. Thanks!

[Attorney_22]

An individual in non-STEM degree F-1 OPT may have up to 90 days of unemployment. If an individual has been unemployed greater than 90 days they are considered out of status. If you would like to discuss this in more detail, please schedule a consult with any of the following attorneys: Alissa Klein, Anna Stepanova, or Ashley Barbone.