My daughter did MS Engineering from USA in December 2008. Her OPT started on February1, 2009 & she joined the job in Houston on February 8,2009. Due to lesser work company (E-Verified) placed her on involuntary leave without pay from Mid-August 2009 & most likely she will be laid off. Company applied her H1B visa petition on April1, 2009, status of which is still pending & speculation is that petition will be rejected.
If she will search another job with non e-verified company before the completion of 12 months OPT period on January 31, 2010. Can she continue to stay legally in USA on Cap Gap OPT & can join work with non-e verified company & her H1B visa be applied again on April 1,2010 to get effected from Ocotober1,2010? How many days of unpaid leave she is allowed in her current job?