I am a STEM major F-1 student.My post-completion OPT ( totally 29 months) expired at 6/19/2011. Employer submitted H-1B petition for me at mid May 2011 and and USCIS receipt date is at 5/26/2011.

Based on H-1B Cap-Gap Regulations, I am qualified to work until 9/30/2011 in order to bridge the gap when H-1B starts on 10/1/2011.

The case is still in INITIAL REVIEW status today ( 8/31/2011).

My question is:

Can I legally work after 9/30/2011 if my H-1B petition is still pending, meaning initial review or request for evidence (RFE) status ( not denied status)? Or I can not work but stay home until H-1B got approval ?

Thanks.