NO.  you need valid document to work, which is your approved I-797.  It is not advised to be in a payroll until you get it.

biology · Jan 21, 2011 5:29 PM

Thanks a lot Biology.Can u also pls tell me what will be the consequences, if I work.

edipre · Jan 21, 2011 5:34 PM

i had the same situation,  my opt expired and my h1 was pending though all my documents were genuine..i worked for 2 months with my opt expired and h1 pending, and finally got it approved :) I had spoken to USCIS ppl regarding my status, and they stated "you are legally allowed to work until you hear from USCIS"...if u have doubt u can reach them..call them good luck

nyshangal · Jan 21, 2011 6:14 PM

Thanks  nyshangal.When did ur OPT expire.Was it cap gap scheme i.e before oct 1 or same expiry month which I have now i.e feb.

edipre · Jan 21, 2011 6:46 PM

it expired on mid-october..

nyshangal · Jan 21, 2011 6:50 PM

Guys please share ur experiences,if any on this topic.

edipre · Jan 22, 2011 12:47 AM

Guys, please share experiences if any.

edipre · Jan 24, 2011 8:05 PM

i was temporarily terminated until my H1B was approved and was re-hired for the same position.  Quite contrast to what Nyshangal said, i agree with biology because when you are not in OPT and you are not yet an H1B holder how can you be on payroll?? on what status??  my lawyer said, i can stay in US legally until my case is pending, but can't be on payroll.... and started working as soon as it was approved.

Fantoosh · Jan 25, 2011 12:51 AM

you might wanna call USCIS in this matter, as for me when i called USCIS(twice), i clearly asked them if i was eligible to work, they said "yes" thats why i worked for 2 months without any status yet legal.. but here is the catch what they said to me was "if my h1 is approved, then I will not have any issue and will be considered legal for months that i worked without my status (legal) , but if incase it gets rejected, I would not be considered legal for the last past months (i.e, after my opt expires till i get decision from uscis")..this really frustrated me..I was about to join some university for some status..but thank god..my h1 was approved.. and also you will be stuck with any govt related work..like renewing your state id or driver's license... but i suggest you to call USCIS to confirm any doubts.. and i heard in some cases they will give you a written proof of what they said..you can ask them to email you.. Good luck

nyshangal · Jan 25, 2011 9:03 AM

This was 2008 not sure how valid is this The April 8, 2008 rule provides for the automatic extension of status and work authorization for F-1 students, if three conditions are met. ©MurthyDotCom The first condition is that the employer timely filed an H1B case (i.e. while the prospective employee is still in F-1 status pursuant to the grant of OPT) with a request for Change of Status. (It should be noted that the regulation does not provide for any cap gap relief to those whose employers filed H1B petitions requesting consular processing as opposed to change of status. Since the rule was published after the deadline to receive H1B petitions for this coming 2009 fiscal year, it penalizes those who decided to depart the U.S. instead of those who attempted to file a change of status.) The other two requirements are that the H1B petition indicates an October 1st start date for employment and that the student otherwise must not have violated his or her status. ©MurthyDotCom If all three of the above conditions are met, status and work authorization shall automatically continue until October 1st or until the H1B cap case is rejected (including not being selected in the random lottery), denied or revoked, whichever is earlier. The cap gap provision automatically extends the F-2 status of F-1 family members http://murthyforum.atinfopop.c... Q:  What do Current F-1/H-1B Extension Regulations Allow? A: Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire, and up to the start of their approved H-1B employment period.  This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between F-1 and H-1B status that might otherwise occur if F-1 status was not extended for qualifying students. http://www.uscis.gov/portal/si...

prankster · Jan 25, 2011 12:16 PM