You can remain in the country but cannot work on cap gap, as of the date of filing your H-1 you did not have OPT. Gap cap preserves the status you were on at the time of filing the H-1.
My H-1B petition was filed before my initial OPT expired and is currently pending. I got an RFE on my STEM OPT, In worst case if my STEM OPT is denied, can I continue working under Cap-Gap until my H-1B is approved or October 1?
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