I am currently working in a hospital. My OPT will expire in Febraruary. My hospital has assured me that it will apply for h1b in coming April. And it takes until august to get the h1b. Can I stay in US legally between the period(Feb-August)? Also, Do I need to go to Nepal and return back to get the new VISA because my VISA will have expired as well by then?

if your degree falls into STEM category from USCIS, then you might be eligible for OPT extension.
other thing is find a CPT school and maintain your status until your h1b is approved.
besides that i dont see a way that u can work on your expired OPT until your h1b is filed.

once your H1B is filed and your employer received a acceptance receipt, you are good to work. you don't have to wait til October.

As far as i know.. which im not sure .. you can stay up to 60/90 (not sure) days in this country after your OPT expires.. till you have legal papers you cannot work. so till your H1B is not accepted you are not eligible to work..  if you step out of the country, and you get the visa you cannot come bact till Oct 2013 ( or of that year) since your H1B starts from OCT..

If you qualify for a STEM Extenstion, you are good to go for the next 17 mos. But your company should be E-verified to have your extension done..

I am telling you these on how much I know... or have researched upon.. I might be completely wrong or write.. so i would suggest you to check with someone else.. Most of these informations are there in uscis.gov.

What if the post-completion OPT expired before April 1? It appears that F-1 status would be extended, but would OPT also be extended?

A student who completed his or her post-completion OPT and who subsequently was in a valid grace period on April 1, would benefit from an automatic extension of his or her D/S admission, if the H-1B petition was filed during the H-1B acceptance period, which began on April 1. The employment authorization, however, would not be extended automatically, because it already expired and the cap gap does not serve to reinstate or retroactively grant employment authorization.


May a student eligible for a cap-gap extension of status and employment authorization apply for a STEM OPT extension while he or she is in the cap-gap extension period?

Yes. However, such application may not be made once the cap-gap extension period is terminated (e.g., rejection, denial, or revocation of the H-1B petition), and the student enters the 60-day departure preparation period.


What does “timely filed” mean? Does this include a petition submitted to USCIS on April 1, but not yet selected under the random selection process for an H-1B visa number?
 
“Timely filed” means that the H-1B petition was filed during the H-1B acceptance period, while the student's authorized duration of status (D/S) admission was still in effect. The interim final rule states that the D/S admission includes the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the “grace period.”
 
The interim final rule further states that once a timely filing has been made, the automatic cap gap extension will continue until September 30, if the petition is selected and approved, unless it is subsequently rejected, denied, or revoked. Students are strongly encouraged to stay in close communication with their employer during the cap gap extension. A Form I-797, Notice of Action, with a valid receipt number, is evidence that the petition was filed and accepted.


For more informaion, please visit:

http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff791c491861a110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD


Hope that helps.

Hold on a minute! you said you work in a hospital. Most hospitals are non-profits which would exclude them from the usual cap on H1-B quota, which means you will not have to wait till next October. Or else, well, you've already got replies.

 Thank you all of your for your great suggestions. My major doesn't qualify for STEM extension. My hospital told that it doesn't fall under non-profits. My employer had already filed for h1b but the quota for h1b for this year has all gone. Therefore, he said he will have to file for h1b for me again as soon as the filing opens again which will be April 1st. but my OPT date ends on Febraruary. Will I be able to stay in US legally from the point my OPT expires until my h1b gets approved on August?

What is the exact expiry date of ur OPT? If your OPT's expiry date is any day after the February first week, then you can stay legally in US if your company files for H1 in April 1. In other words, if April 1st or 2nd (usual H1 application days) falls on the 60 days grace period after the OPT expiry and if your employer files for H1 in usual H1 application period within the grace period, you can stay in US. But you are not allowed to work till next October since ur opt is already expired before applying H1.  You can stay in US and are allowed to work from OCtober only if ur H1 is approved. 

Another link from USCIS, I guess u can stay legally in US if your case is approved, but i think u can only start work from October, according to answer 7

 http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD

Q3. Which petitions and beneficiaries qualify for a cap-gap extension?

A3. H-1B petitions that are timely filed on behalf of an eligible F-1 student and request a change of status to H-1B on October 1, 2012 qualify for a cap-gap extension.

Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period, which begins Monday April 2, 2012, while the student's authorized F-1 duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period, commonly known as the “grace period”).

Once a timely filed request to change status to H-1B on October 1, 2012 has been made, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed. If the student’s H-1B petition is selected and approved, the student’s extension will continue through September 30, 2012 unless the petition is denied, withdrawn, or revoked. If the student’s H-1B petition is not selected, the student will have the standard 60-day grace period from the date of the rejection notice or their program end date, whichever is later, to prepare for and depart the United States.

Students are strongly encouraged to stay in close communication with their petitioning employer during the cap-gap extension period for status updates on the H-1B petition processing

Q4. How does a student covered under the cap-gap extension obtain proof of continuing status? 

A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt.  The student’s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1, 2012. 

 

If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted.  The student’s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status. 

Q7. What if a student’s post-completion OPT has expired and the student is in a valid grace period when an H-1B cap-subject petition is filed on their behalf?  It appears that F-1 status would be extended, but would OPT also be extended? 

A7. F-1 students who have entered the 60-day grace period are not employment-authorized.  Consequently, if an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1B petition was filed, there is no employment authorization to be extended).

 Wht will happened.. if H1B file is withdraw before any decision was made USCIS.In that case what will be grace period to change status to F1 or to go back in order to avoid over extend in US