Do I have to leave US before I can work under H1b?

Question

Hi Saurabh,
I could not file for H1B this year. My employer will file a petition for me on April 1st, 2013. My F1 visa expires on June 1st 2013 and so does my OPT. Let's say we did premium processing and my petition got approved. I know that one can only start working from October1st but my question is:
1. Do I have to leave the US since my F1 visa expires on June 1st 2013?
Any info shall be greatly appreciated.Thanks.

Answer 1

If it is filed prior to F-1/OPT expiration date along w/ COS w/ start date of Oct 1, then you will become eligible for cap-gap. This will allow you to stay and work in US until Oct 1 or H-1 denial date (whichever is earlier).