Filing for H1B after OPT Stem Expires.

[dakshamestry]

Right now I am on my OPT stem extension which expires on 17th Feb 2015.I am planning to file my H1B in April 2015.Can I file my H1B even though my OPT extension expires?What can I do to maintain my status after my OPT expires and am I eligible for cap gap?

[jairichi]

Right now I am on my OPT stem extension which expires on 17th Feb 2015.I am planning to file my H1B in April 2015.Can I file my H1B even though my OPT extension expires?What can I do to maintain my status after my OPT expires and am I eligible for cap gap?

You will have 60 days grace period after OPT extension expiry to leave US. If your H1B petition is filed within this 60 days of grace period then you are eligible for cap-gap.

[simk]

You are not eligible for CAP-GAP. It is only for people, whose OPT expires after april 1st. You should be on valid F1 visa, when you apply H1b.

 

You can exit out of country and re enter with h1b visa stamp.. provided you get it next year..

[JoeF]

Right now I am on my OPT stem extension which expires on 17th Feb 2015.I am planning to file my H1B in April 2015.Can I file my H1B even though my OPT extension expires?What can I do to maintain my status after my OPT expires and am I eligible for cap gap?

Since OPT is part of the F1, you have a 60 day grace period after the OPT expires.

An H1 can be filed with COS during that time, but you could not work until the H1 kicks in, i.e., Oct. 1.

So, realistically, you would have to leave the country within the 60 day grace period (unless you are independently wealthy and have enough money to rent a place, buy food, etc. until Oct. 1.)

[jairichi]

You are not eligible for CAP-GAP. It is only for people, whose OPT expires after april 1st. You should be on valid F1 visa, when you apply H1b.

 

You can exit out of country and re enter with h1b visa stamp.. provided you get it next year..

That is incorrect. Check this link.

http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations