H1-b status change -&- Gap...?

[maniadoc]

Another poster posted this but no one replied......I have same question.
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I applied for H-1B premium processing on April 1st (CSC). CIS has approved the petition/change of status and provided a new I-94. The H1B approval is valid from 1st October 2004.

My OPT expires on 5/31/04. Since USCIS approved my change of status, does it mean i can stay legally during June to October?

Any advise is very much appreciated.

 

[vectorP]

Yes, you can stay legally during June to October, your OPT time is automatically extended.

Under the new USCIS rule, the cap gap extension is a period in which an eligible F-1 student’s status is automatically extended to bridge the gap between the end of F-1 status and start of H-1B status. If the student is in a period of authorized post-completion OPT on or after the date the student becomes eligible for the extension, the student’s post-completion OPT is also automatically extended.

Under the previous regulation, the cap gap occurred when an F-1 student was the beneficiary of a successful H-1B petition, but his or her F-1 status ended before his or her H-1B status began. The time between the end of the F-1 status and beginning of H-1B employment was referred to as the cap gap.

The most common situation occurred when the student’s OPT ended in the spring or early summer, and his or her F-1 status expired 60 days after that, leaving a gap of several months before the individual’s H-1B status began on October 1. Also see http://www.greencardapply.com/news/news08/news08_0507.htm