OPT Expired; Pending H1B Approval; Work After October 1

Raghuram Sukumar H1B Visa 8 Comments

My application is still under review (May 18,2010). Can I continue to work after Oct, 1 if the status remains the same?

OPT expired and currently under Gap-cap. Thank you in advance for your comments?. –

Ely at H1B Visa 2011 Cap Count

OPT and H1B Visa Cap-Gap

  • Using Cap-Gap rule, if H1B Visa application is submitted before OPT expiry, then student can continue to work till September 30.


  • If the H-1B petition is pending beyond October 1, a student can remain in the United States based on the pending change of status petition. However, a student with OPT employment authorization extended through the cap gap period must stop working until the H-1B petition is approved.


  • USCIS had indicated that they will speed up the process of H1B Visa approval for students who are affected by this cap-gap.

Here’s link to complete list of questions about OPT and Cap-Gap Rules.


  1. My H1b is filled by company A and then i get laid off in june 2016. I have valid OPt till Sptember 30, 2016. I got new offer from company B and they are agree to transfer my H1b. My H1b is already approve. Can i work while my transfer is going on from oct 1st 2016.

    1. Hi Hemraj,

      I am in a very similar situation. Will appreciate any details. I am trying to find out in a situation like this where

      1. My H1b with employer A gets picked in the lottery
      2. I want a new employer to file for my H1B

      In your case did they file a new H1B before Oct-1 or they waited until Oct 1 to apply for H1B transfer. Meanwhile I will be in a contractor role with Employer A and the H1B won’t be withdrawn.

  2. Hi my H1B visa approved on 2008 expired on 2011, I was out of US at that time is it possible to reopen the same case and file extension while in US now

  3. Can anyone tell me that in which country between US & Canada process of getting H1 or PR easy after doing education their? And If anyone wants to settle their with family which one is better in a case of a female candidate?

    1. hi dhara

      as far as my knowledge goes, according to ur sitauation canada is the best place for you

      1. Thank you for ur reply Mr. Rakesh!

        But one of the thing I had not mentioned here is that I couldn't tolerate so much cold,and I think canada has colder environment than US's states(some states).Can u plz tell me if this factor would affect me their in canada?And can you plz tell me some colleges in canada which contains PG courses in the fields like Robotics,Artificial intelligence because as far as I am a student of Computer engg. I had some particular subject interests related to my stream.thankx again,sir!!!

        1. There are few states( West side of canada) where there isn’t much cold when compared with north side of canada….The most popular colleges in Canada are the University of Waterloo, University of British Columbia, University of Toronto, University of Western Ontario, MCGill University, York University and Centennial College. Most Indian students who pursue their engineering in Canada opt for the University of Waterloo, Ontario, University of Toronto, Ontario and MCGill University, Montreal, Quebec…..
          As u mentioned that u can’t tolerate chill weather my opinion is don’t opt for the states where the temp is drastic because it takes time to get acclimate to that weather …. Are u done with GRE , TOEFL ?

  4. As far my knowledge, unfortunately, you will not be able to work and what I'd do if I were you is upgrade the H1B to premium processing!

    good luck

Leave a Comment - Your Thoughts Counts

This site uses Akismet to reduce spam. Learn how your comment data is processed.