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Am I eligible for H1 Cap-Gap

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  • Am I eligible for H1 Cap-Gap

    Hi,

    I am on STEM OPT Working for company A. My STEM is valid till May 2014 and F1 visa valid till Nov 2014. Company B is ready to sponsor H1, but they are not enrolled in E-Verify, so I can't work for them right now on STEM OPT.

    Once H1 from company B is approved, Can I work for company B on STEM OPT, prior to the start date of H1 (Oct 1st)?

    My school international office department head informed me that, once my H1 from company B is approved, then I would come under H1 Cap-Gap, so that I can work for company B on current STEM OPT till Sep 30th, though they don't participate in E-Verify.

    Based on my knowledge, I don't come under H1 Cap-Gap, though my H1 is approved because neither STEM OPT or F1 visa expires before the start date of H1 (Oct 2103). So, I am confused about the information provided by my school international head.

    Please share your knowledge on the above. Thanks.

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