F1-h1

[preetikaur86]

I would highly appreciate if someone can provide his/her input in answering my query. I am currently on an F1 Visa which expires in August, 2012. I am working under my OPT which is expiring in July, 2012. Now, I have been reading loads of discussions but still seem to be confused. If my employer files an H1B petition in April and (hopefully), it gets approved, am I still able to work under Cap-Gap despite of the fact that my visa would expire in August?
Can I get my H1 stamping in Canada or should I go back home to do the same? Please advise.

[kabkaba]

Visa expiry has nothing to do with your work authorization or permission to stay in the US. In your case, you are allowed to stay and work until Sep 30, as long as H1 petition is filed before your OPT expires. Provide your school's DSO with a copy of the H1 filing receipt and they will authorize cap-gap for you.
H1 petition will be approved with change of status and come with a new I-94 for you. You are allowed to stay in the US as long as the new I-94 remains valid. If during that time you leave the US, then you will have to obtain H1 Visa in order to return.