OPT Extension and H-1B "Cap-Gap"

[catmail712]

I have a few questions regarding to the OPT extension and H-1B “Cap –Gap”. I am an international student and I graduated in the last fall semester. I am on OPT status and the valid period is from 02/05/08 to 02/04/09. My major is accounting. My employer is going to file H-1B visa for me. According to the new rule in 2008, the H-1B "Cap Gap" is eliminated by extending OPT employment and status for those who are beneficiaries of an H-1B petition with an October 1 start date (available to ALL OPT participants). Can I file the OPT extension? Can I work for my employer after 02/04/09 base on the “ Cap-Gap” new rule? If I cannot work for the company as an employee and get the salary, can I work for the company as a volunteer? Can I get reimbursement after 02/04/09, like lodging, food and transportation? Or do I need to leave the U.S after 02/04/09? What should I do first?

[Mr. Knowitall]

Your employer is going to file an H-1B, with an anticipated start date of October 1, 2009? So they would be working with an acceptance period commencing April 1, 2009, a couple of months after your OPT expires? I would suggest seeking an OPT extension, so that you remain in OPT status as of the time your employer applies for the H1B. If you go out of status, your status cannot be extended because it will have lapsed.