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OPT cap gap expired sept 30,2012 - H1B is in Pending status, Can I work after sept 30 ?

San Jose, CA |

Hi, I am a student on F1 status , My OPT EAD expired June 30 2012, Employer filed for my h1B in may 2012, My cap gap I-20 is until sept 30 , 2012. Can i continue to work legally (after sept 30 th ) until i get to know my H1 status ? Thanks for your response

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Attorney answers 3


Unfortunately, you can not work after 9/30/2012.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.



Can i legally stay in the US until I get to know my H1 status ?



Thanks so much for your response.

Gen Kimura

Gen Kimura


You can legally stay while the decision is pending.


I agree with Mr. Kimura.

The information on this website is not intended to be legal advice.


You are permitted to stay until a decision is made, but Cap Gap only covers the time until September 30, 2012, therefore you cannot work past that date. Consider asking your employer to file premium processing to get adjudication within 15 days.

DC Metro Immigration Law PLLC, Arlington, VA (202) 470-1004 provides the above for information purposes only and does not construe or intend to provide any legal advise or an attorney-client relationship. You should contact an attorney to discuss your personal circumstances and for legal advice.

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