Q: Can my employer still file i129 F1 opt cap gap extension for me or how can they keep me in status while still working?

A: Under the current regulations, the F1 OPT cap-gap extension is typically available to students who are beneficiaries of a timely filed H-1B petition and are selected in the H-1B lottery. This extension bridges the gap between the end of your OPT and the start of your H-1B status, but it's specific to H-1B applications and not directly applicable to situations involving an I-140 petition.

Since your field of Nursing is not classified as STEM by USCIS, you would not qualify for the 24-month STEM OPT extension, which is another common way F-1 students extend their employment authorization. However, given that you have an approved I-140 with a future priority date, there are other potential avenues to maintain your status and work authorization.

One option could be for your employer to file an H-1B visa petition on your behalf, if they have not already done so. The H-1B visa is for specialized occupations and could potentially allow you to work for your employer while waiting for your priority date to become current.

Another possibility might be changing your status to another visa category that permits employment, if you meet the qualifications for such a category. It's important to consult with an immigration attorney who can analyze your specific situation and guide you on the best course of action. They can provide tailored advice based on the latest immigration laws and your unique circumstances. Remember, navigating immigration status and employment authorization is complex, and professional guidance is crucial to ensure compliance with all legal requirements.