Can I work if my H1b is pending and OPT expired

Question

Hi,

My company applied for my H1b on April 9th 2012. My OPT expires on August 31st 2012. I know that in order to extend my OPT I have to apply 3 months before expiration date.

I have two questions. First, can I work after august 31st if my visa status is still pending? Second, can I apply for my OPT extention if my H1B is pending (STEM degree). Status is still Initial Review.

Thanks.

Answer 1

I think your OPT will be extended automatically when you file H1B petition before expiration of your F1 status. Since you applied during the valid OPT period (not in the 60-day grace period), you may continue working till 30th September 2012. Hence you don't have to extend your OPT explicitly.

Read the "Regulations Relating to F-1/H-1B Cap-Gap" section in the USCIS website: Questions and Answers: Extension of Optional Practical Training Program for Qualified Students