I have been working on OPT when my employer filed an H1B petition for me to change my status from October 1st. However, the USCIS has not issued a receipt, yet. …

… My OPT EAD will expire next week. I understand that I may be eligible to continue working pursuant to the cap-gap extension. Do I need to obtain a new I-20 for cap-gap OPT employment?

Answer

Yes. In order to continue working, you need to apply for a new cap gap I-20 from your DSO. However, your DSO will only be able to issue a new I-20 for continued employment authorization until September 30, if USCIS has updated your SEVIS record with information that your H1B petition has been accepted for processing and a receipt notice has been generated. If your H1B petition has been properly filed and no receipt has been generated, your DSO can only issue an I-20 until June 1.  If your I-20 has been wait-listed (i.e. put in the queue for an available visa number), your DSO may be able to issue a new I-20 with authorization until July 28. (20.Jun.2014)

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