Can student continue work after OPT expires, if H1 was filed in quota but no receipt yet?

Question: My OPT will expire in five days, and my employer is planning to terminate my employment once my OPT expires. We filed the H1 but do not know if it was accepted in the quota. I thought that the CAP GAP provisions allowed me to work as long as my H1 was pending. Is this correct?

Question 2: If my employer does choose to terminate my employment by the end of this week, and by some miraculous event I do still get accepted for an H1B, could I resume work immediately? Do I have to wait till October 1? Or do I lose the rights to this H1B overall?

Answer: All of these depend on whether your H1 was accepted for processing by the CIS. I would recommend that your employer call the CIS to check. Your attorney can also check to confirm whether the fee-check that was sent was cashed by the CIS or not.

If the case is accepted, yes, OPT is extended till October 1, unless the H1 is later denied. If the employer terminates employment but the H1 is accepted for processing, you can resume work for the employer.


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