I am currently working on OPT valid until April 15th. My employer will be filing an H1B petition for me with a start date of October 1st.

… I understand that, if the petition is accepted for processing, I will be eligible for the cap-gap benefit (i.e. the extension of my F-1 status with employment authorization) until September 30th, unless the petition is denied or withdrawn. Would I be able to continue working beyond April 15th, even if I do not yet know whether my petition is accepted for processing?

Answer

Previously, the Student and Exchange Visitor Program (SEVP) has indicated that, if an H1B petition was properly and timely filed, your OPT authorization should be automatically extended until June 1st, followed by a grace period of 60 days until August 2nd. In order for SEVIS to reflect the extended date of your employment authorization, you need to inform your DSO of the properly-filed petition that has been neither receipted nor rejected yet. (15.Jan.2016)

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